On November 29, 2022, the British Columbia Court of Appeal released Yates v. Langley Motor Sport Centre Ltd., in which the Court of Appeal ruled that payments received by an employee under the Canada Emergency Response Benefit (CERB) should not be deducted from wrongful dismissal damages. The Court of Appeal held that broader policy considerations,…
Tag: Canada Emergency Response Benefit (CERB)
Check-in on the Impact of COVID-19 on Wrongful Dismissal Litigation
The COVID-19 pandemic has had a broad-ranging impact on employment law since March 2020. Now that we are 18 months into the pandemic, employers may find it helpful to have a check-in on how Canadian courts have, to date, considered the impact of the pandemic on wrongful dismissal claims arising from layoffs and terminations during…
British Columbia Supreme Court Finds CERB Amounts Should Be Deducted from Wrongful Dismissal Damages
On May 28, 2021, the British Columbia Supreme Court (Court) released its decision in Hogan v. 1187938 B.C. Ltd., finding that the plaintiff had been constructively dismissed after being temporarily laid off at the outset of the COVID-19 pandemic by the defendant, which operated a car dealership (Dealership). The plaintiff was laid off on March…
HRPA Peel Chapter: Navigating Workplace Legalities in COVID-19
Overview The Human Resources field is in constant change. The challenge for all Human Resource Professionals is to keep pace with the emerging knowledge and techniques in order to support the management team with accurate and timely information. Hicks Morley has partnered with the Peel HRPA Chapter of the Human Resource Professional Association to bring…
Canada Labour Code COVID-19 Leave Extended by an Additional 4 Weeks
The COVID-19 leave available under the Canada Labour Code has been extended an additional 4 weeks, from 24 weeks to 28 weeks, effective September 4, 2020. This change is to align the leave with the recent increase to the number of weeks an employee can receive the Canada Emergency Response Benefit (CERB).
Details of Extensive Changes to Employment Insurance and Canada Emergency Response Benefit Announced
In the latest evolution of the federal government’s response to the ongoing global COVID-19 pandemic, on August 19, 2020, amendments to the Employment Insurance Act (EI Act) were published and, on August 20, 2020, the government announced new measures to support affected Canadians who continue to be unable to work due to COVID-19.
Stephanie Kalinowski Quoted in Benefits Canada on Employers Using SUB Plans to Top Up During Pandemic
Benefits Canada quoted Hicks Morley’s Stephanie Kalinowski in a May 27, 2020 article titled “Employers Can’t Use SUB Plans to Top up Employees Laid off Due to Pandemic.” The article discusses how employers with registered supplemental unemployment benefit plans aren’t able to use them to top up laid-off employees who are receiving the Canada Emergency Response Benefit.
Ensuring a Successful Return to Work in a COVID-19 World
As governments start lifting orders and directives made under the Emergency Management and Civil Protection Act (or similar legislation in other jurisdictions), it is understandable that employers and employees alike are anxious to return to their ‘pre-COVID-19 normal’. However, in order to ensure a successful return to work during the largest pandemic in modern history, it is crucial that employers turn their minds to the unique labour and employment issues created by COVID-19 and reopen with a solid return to work plan in place.
Federal Government Will Not Permit Employers to Top-Up the CERB Through a SUB Plan
On May 8, 2020, the federal government published a new question and answer (Q&A) about the use of Supplemental Unemployment Benefit (SUB) plans to top-up the Canada Emergency Response Benefit (CERB).
Benefits Canada Publishes an Article by Rayaz Khan on CEWS and CERB Government Programs
Hicks Morley’s Rayaz Khan authored an article published on April 14, 2020 in Benefits Canada titled “A Legal Update on the Government’s CEWS and CERB Programs.” The COVID-19 pandemic has created many complicated issues for employers. Prudent employers should ensure they’re aware of the resources that may be available during this uncertain time when information regarding government support is rapidly changing.