In this issue: ON Court of Appeal Affirms Award of 26 Months’ Pay to Terminated Employee, Check Yourself: B.C. Government Eliminates Mandatory Voting for Union Certification in Favour of Card Checkand Digital Platform Workers’ Rights Act: Blurring the Distinction Between Employees and Independent Contractors Performing Digital Platform Work.Read more
Law Society of British Columbia
St. Francis Xavier University, B.B.A.
Western University, LL.B.
Canadian Bar Association
Canadian Bar Association - BC Branch
Mark advises and represents clients across western Canada on workplace issues. He frequently advises and represents employers on issues involving union certification/decertification, workplace disputes and grievances, wrongful dismissal actions, occupational health and safety, workers compensation matters, and responding to human rights issues and complaints.
Mark acts on behalf of clients during collective bargaining, represents them before both arbitrators, courts and administrative tribunals, and also regularly assists employers with a wide range of other matters, including the preparation of employment contracts and workplace policies.
In his spare time, Mark serves as a director on a variety of Boards, and is a frequent contributor to “Practical Law Canada” as well as other labour and employment related publications.
Representative experienceOctober 2019
Alberta Labour Board dismisses an intervenor application by a third party union seeking status to dispute a certification application filed by CLAC, accepting the Company’s argument that the applicant trade union had no basis to intervene in the proceedings. Counsel – Michael H. Vos and Mark BoutApril 2019
BC Labour Board dismisses an unfair labour practice complaint concerning the dismissal of an employee, on the basis the Employer established both a credible explanation for the layoff, and that the layoff was not based on any anti-union motivation. Counsel – Mark BoutMarch 2019
Arbitrator dismisses grievances challenging the contracting out of a significant portion of the Company’s delivery work, accepting the Employer’s argument the contracting out restrictions in the Collective Agreement were not violated on the basis it was no longer “practical”, from a cost perspective, for the Company to continue performing the work – Counsel – Keith Murray and Mark BoutSeptember 2017
Human Rights Tribunal dismisses complaint on the basis it was not filed in a timely manner, accepting the Company’s argument that it would not be in the public interest to accept the Complaint. Counsel – Paul McLean and Mark Bout
The B.C. Government has introduced amendments to the Employment Standards Act regarding the new five-day paid sick leave entitlement introduced this year.Read more
As a result of the considerable increase in COVID-19 cases and transmission in BC, the Provincial Health Officer has announced businesses must again implement/revive their COVID-19 Safety Plans. What does this mean for employers in BC.Read more
The British Columbia provincial government has announced B.C. will institute a new, permanent paid sick leave program, effective January 1, 2022.Read more
B.C. Institutes Regional Restrictions for Central Okanagan Region in Response to the Rise in COVID-19 Cases
B.C. Provincial Health Officer Bonnie Henry announced regional-specific restrictions for the Central Okanagan region of British Columbia.Read more
In the first reported judgement concerning this issue in B.C. we summarize the decision, and the impact of it for employers facing litigation, or threats of litigation, from former employees dismissed during the COVID-19 pandemic.Read more
BC Employment Standards Act has been amended to introduce protected paid leave for employees, for purposes of receiving a COVID-19 vaccination.Read more
As case counts rise and an increasing prevalence of several variants of concern B.C. Government announces new COVID-19 restrictions that will come into effect on Tuesday, March 30, 2021 at midnight and will be in force for at least three weeks.Read more
Provincial Health Officer Imposes New COVID-19 Orders for Employers and Individuals in British Columbia
The orders, which we summarize in this article, are in effect from November 19, 2020 to December 7 at 12:00 p.m.Read more
Subject to some exceptions, ON has mandated the use of face coverings for all persons inside businesses and organizations that are open to the public across the Province. This article summarizes these new developments.Read more
Bill C-4, the COVID-19 Response Measures Act, received Royal Assent on October 2/20. This article summarizes benefits which are now available and eligibility criteria for each program.Read more
Employers in British Columbia should note the general minimum wage increased to $14.60 effective June 1, 2020.Read more