Littler Global Guide - Canada - Q1 2023

• Law Firm: Littler - Canada
• Subject Matter: Employment and HR, Strategy, Unfair/ Wrongful Dismissal, Health & Safety, Employee Rights/ Labour Relations, Knowledge Management
• Author: Ms Rhonda B. Levy and Monty Verlint
• Published date: 28 April 2023

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British Columbia: New Statutory Holiday for National Day for Truth and Reconciliation

New Legislation Enacted

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner - Littler LLP

On March 9, 2023, British Columbia's Bill 2, National Day for Truth and Reconciliation Act, received Royal Assent and came into force. Bill 2 amends British Columbia's Employment Standards Act to provide eligible workers in British Columbia a new statutory holiday, the National Day for Truth and Reconciliation, to be observed annually on September 30. This holiday commemorates the history and legacy of Canada's residential school system.

Statutory Tort of Human Trafficking May Be Available in Labor Context

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner - Littler LLP

In Osmani v. Universal Structural Restorations Ltd., 2022 ONSC 6979, an Ontario court was the first to consider a claim for damages for the statutory tort of human trafficking under the Prevention of and Remedies for Human Trafficking Act in the labor context. Although the court denied the claim in this case, it explained that such a claim can be made in the labor context if it can be proved that the employer's purpose in directing, controlling or influencing the employee's movements was to exploit them, knowing that its actions would cause a reasonable person in the employee's position to believe that their safety would be threatened if they failed to provide the labor or service.

ABCA Decides CERB Paid to Workers Affected by COVID-19 Should Not Be Deducted from Damages for Wrongful Dismissal

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner - Littler LLP

In Oostlander v Cervus Equipment Corporation, 2023 ABCA 13, the Alberta Court of Appeal held that financial support provided under the Canadian Emergency Response Benefit (CERB) program to workers directly affected by COVID-19 should not be factored into wrongful dismissal damages awards. Following a period of inconsistency in the approach taken on this issue by Canadian trial courts, two appellate courts'the BCCA in Yates v....