HR Heartbeat: Protecting employees from heat stress, unenforceable termination clauses, and…

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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 commentary on all things HR and legal.

Protecting employees' health & safety from summertime heat

With heat warnings and warmer temperatures sweeping through multiple provinces, it's crucial to remember employers have a general duty to take all reasonable precautions for the health and safety of their employees. During the summertime, your workers may be impacted by heat stress, wildfire smoke, or by using outdoor mobile equipment.

If you're wondering what steps you can take to protect your staff from the heat this summer, here are a few things you can do to help make working in the heat less stressful.

• Conduct frequent risk assessments to determine the dangers your workers could be exposed to in the workplace, and take *active steps to limit their risk of injuries and incidents. *

• If you work in industries like bakeries, glass factories, or dry cleaning and are more prone to heat stress during the summer, make sure your workers have the proper Personal Protective Equipment (PPE).

• Carry out occasional re-training programs so your employees are always prepared to operate equipment that may put others in danger safely.

Wildfires are more common between May and September in Canada. In addition to causing damage to life and property, wildfire smoke can travel great distances and affect air quality for businesses, especially outdoor workers. It's also vital to prepare your staff for the risks and dangers of working during wildfire season and take precautions to protect them.

Our health & safety software BrightSafe helps you with step-by-step guidance on conducting risk assessments in the workplace to identify where health and safety hazards lie and determine what control mechanisms must be implemented.

Navigating the Labour Market Impact Assessment (LMIA) Process

It's common for employers across Canada to hire foreign workers to help with their business operations, especially during peak seasons. However, there are essential employment legislations all business owners must be aware of when employing a Temporary Foreign Worker (TFW). One of these is navigating the Labour Market Impact Assessment (LMIA) application process.

1. Choose the right LMIA stream (Global Talent, Agricultural, High Wage, or Low Wage) based on the job and wage level. No recruitment is required before application if you're applying under the Global Talent Stream or Agricultural Stream (until June 30, 2025). For High Wage or Low Wage applications, a 4-week recruitment period is necessary. All first-time LMIA applications must include mandatory documents outlined by Employment and Social Development Canada (ESDC).
2. Register with the Job Bank and LMIA Portal to submit the application. Complete the LMIA application form, upload the required documents, and digitally sign and submit the application.
3. After submission, pay the mandatory application fee of $1,000. Processing times vary: 2 weeks for the Global Talent Stream, 2-3 months for High Wage or Low Wage, and three weeks for the Agricultural Stream.

If you're interested in using this program to fill labour gaps, it's important to follow the correct processes, or you could face costly fines of up to $152,000 and be banned from hiring foreign workers.

To ensure your business is complying with relevant legislation, seek BrightAdvice. Our employment relations experts are available 24/7 to answer your questions and provide guidance on employment best practices.

B.C. appeals court upholds termination clause

In a recent case, the British Columbia Court of Appeal upheld a termination clause in an employment agreement. The Court rejected arguments that the clause was unclear and failed to clearly remove the employee's right to common law notice.

This is unlike in Ontario, where the Court ruled that the clause was clear and that both parties intended for the employee's termination entitlements to follow those outlined in the Canada Labour Code (CLC).

The Court also rejected arguments that the clause was invalid because it allowed the employer to pay only the employee's salary during their notice period while excluding bonuses and other benefits. The Court found that the clause met all statutory requirements, and if the employer failed to follow it, it would only be a breach of contract and would not render the clause unenforceable.

This decision confirms that no specific words or phrases are required in British Columbia to override common law notice entitlements. Simply stating "as required by" or "in accordance with" will be considered sufficiently clear to rebut common law presumption.

It's important to always get the basics of termination clauses right to avoid wrongful termination claims. For more information on enforcing termination clauses, ask Bright brainbox,"When is a termination clause enforceable?"

That's it for today! Come back next time for more HR news so you stay ahead of major employment law changes.