Welcome to HR Heartbeat, where we give you a rundown of the week’s top employment law stories. Stay on the pulse of current trends impacting your business, plus get up-to-the-minute commentaries on all things HR and legal.
Family Day and statutory holidays: What employers need to know
On Monday, February 17th, 2025, most Canadian provinces observed Family Day or its regional equivalents, like Louis Riel Day in Manitoba and Islander Day in PEI.
It’s a statutory holiday, which means employees get a paid day off, but eligibility and pay requirements may differ by province. Generally, holiday pay is based on an employee’s earnings over the past four weeks or 30 days.
If an employee works on Family Day, they’re usually entitled to premium pay (1.5x their regular wage), plus statutory holiday pay. Alternatively, they may take another day off instead. In most provinces, written consent is required before an employee can work a stat holiday.
With many more statutory holidays ahead, reviewing your policies now can help you avoid compliance breaches. Consider consulting an employment relations expert to stay on track.
B.C. expands emergency planning requirements
New emergency planning rules that expand the requirements for workplaces handling hazardous substances are now in effect in British Columbia.
Previously, emergency plans focused on risks within and close to the workplace. Under the new regulations, employers must also prepare for emergencies coming from external sources, but only for known or reasonably expectable risks.
Workplaces must have a written emergency plan that aligns with workplace hazards. The plan must:
Be developed and implemented in collaboration with the joint health and safety committee
Identify potential external risks that could impact the workplace
Be reviewed and updated annually to stay current with evolving hazards
Include clear evacuation procedures and a notification process for nearby workplaces and residences
If you’re an employer in B.C. it’s vital to assess your existing emergency plans and update them accordingly to comply with the new requirements. That’s why having a library of documents drafted by industry experts comes in handy and takes the stress out of keeping on top of your documentation.
Alberta Court upholds termination clause for senior executive
A recent ruling from the Court of King’s Bench of Alberta confirms that a well-drafted employment contract can withstand legal challenges, even when an employee's role changes significantly.
The Court upheld a 90-day termination notice clause for a senior executive, despite their promotion from VP to COO. The employee, who had negotiated this clause, later sued for 12 months’ notice under common law after being terminated in 2019.
The Court dismissed the claim, ruling that the contract explicitly covered future promotions. It also noted that the employee had equal bargaining power, reinforcing the agreement’s validity.
The takeaway? Clear contracts matter. Employers should ensure agreements cover potential role changes, and employees should carefully review terms before signing.
And that's a wrap! Come back next time for more HR news so you stay ahead of major
employment law changes.
