Knowledge Base

Is the onus still on the employer to maintain employment when they let go without cause and pay out a worker? Should employers have an employment release or something referring to this new obligation.

Ale (KSW Lawyers): Terminating a worker and paying them termination pay does not automatically cancel the Duty to Maintain Employment obligations. Employers may still be required to establish that the termination was unrelated to the injury under the WorkSafeBC system. Whether there was a breach of the Duty to Maintain Employment is determined on a case-by-case basis, though investigation, and consideration of specific circumstances of each situation. Similar to discrimination claims under the Human Rights Code, a termination can be discriminatorily motivated, even in without cause terminations. WorkSafeBC and the Human Rights Tribunal look to the underlying motivations behind the termination.

Workers can request WorkSafeBC to determine whether an employer has failed in its duty to maintain employment within three months of the termination.