Practice Areas

Our Areas Of Expertise

Employment Law
Human Rights
Workers’ Compensation Rights
Drugs, Alcohol & Work

What We Do . . .

At Inspire Law, we can assist you with a variety of legal issues, including Employment Law, and workplace related matters, such as: Human Rights, Drugs and Alcohol issues, Privacy Rights and Occupational Health & Safety.

We understand that issues involving legal rights in the workplace can be among the most stressful issues that you can face in life. Changes or potential changes at work can prompt many questions and emotions. It can be challenging to try to navigate legal rights by yourself, which is why it makes sense to obtain legal advice from a lawyer with experience in these areas.

Employment Law

We can assist you with a variety of legal issues, including the legal ramifications of the employer-employee relationship. You will be treated with respect, spoken to in plain English, and can rest assured that your legal matter is in the right hands.

Employment law is the law as it applies to work and the workplace, including, among others:

• Employment Standards (which regulates matters such as minimum wages, hours of work, overtime, maternity leaves and other leaves, minimum amounts to be paid upon dismissal without cause) discrimination/ human rights issues
• Termination of employment, constructive dismissal and wrongful dismissal
• Drug and alcohol testing in conjunction with work
• Disability; health or lifestyle related absences from work
• Severance packages and so much more…

Drugs, Alcohol, & Work

Safety

In safety-sensitive workplaces, safety is critical, and in cases involving serious safety violations and fatalities, the Criminal Code may also be involved.

Alcohol & Drug Policies

An alcohol and drug policy is now an important tool in safely operating any business, particularly those with workers who perform safety-sensitive activities or who are in risk-sensitive positions. Even in workplaces that are not safety-sensitive, an employer may nevertheless be well advised to implement an alcohol & drug policy to make clear what (if any) use it will tolerate.  Failure to have such a policy may present greater challenges to the employer’s ability to effectively deal with employees who use drugs or alcohol.

An employer who wishes to commence a drug and alcohol testing program must do so carefully.  A well written, properly considered and properly introduced alcohol and drug use policy is a critical component, but is just one of the steps we recommend for employers, particularly those with workers who perform safety-sensitive activities.

Challenging a Drug Test

Drug and alcohol testing in the workplace is legal in Canada.

An employee may be able to successfully challenge a drug and alcohol testing program if, among other things, it treads on areas with which the courts have expressed concern, or was not properly implemented.  An employee may also be able to successfully challenge a test, and any resulting disciplinary action, if irregularities occur during the testing process. Additionally, employees who use cannabis for medicinal purposes may attempt to challenge testing or subsequent disciplinary action taken by the employer at the human rights tribunal, claiming discrimination based on a disability or perceived disability.

Human Rights

Each of us have certain rights, simply by virtue of being human.  Human rights legislation provides protection, procedures and remedies for those who have experienced discrimination. Because these protections flow from the Charter of Rights and Freedoms, human rights legislation is considered “quasi-constitutional”.  This important legislation also often influences other pieces of legislation.

When a workplace human rights issue arises, the first step is to confirm whether the workplace is provincially or federally regulated. The summary on this website is based on the British Columbia Human Rights Code (HRC).  If the workplace is in Alberta, or is federally regulated, the regime will have many similarities, but will not be exactly the same.

Should your case involve a human rights issue, contact a lawyer promptly, because short limitation dates apply.  Under federal legislation, and provincial legislation in B.C. and Alberta, the period within which a complaint must be commenced (the limitation period) is 1 year.

Human rights legislation is administered by a human rights tribunal in each area of jurisdiction. Provincial human rights legislation applies to provincially regulated employers, the provincial government itself, provincial crown corporations, unions, professional associations, and tenants in landlord-tenant matters.

The “protected grounds“, or the group characteristics that are protected from discrimination in employment vary depending on the applicable legislation.  See also bona fide occupational requirements (BFOR).

We would be pleased to assist you in this area.

Workers’ Compensation

The Worker’s Compensation Act is provincial legislation that creates a regulatory body, the Workers Compensation Board. 

In B.C., the WCB has, since 2003, operated under the name of “WorkSafe B.C.” Employers’ Advisors and Workers’ Advisors are provided without charge, to provide employers and workers with advice and assistance. However, the advisors’ workloads can be high and the extent to which these advisors are able to assist varies. 

Workers compensation legislation states that the WCB has exclusive jurisdiction over workers’ compensation matters.   

In B.C., the WCB also has exclusive jurisdiction to inquire into and determine health and safety matters.

A worker who is injured in the course of his or her work ought to:

1. As soon as possible, report the claim to the employer; and
2. File a claim as soon as possible with the WCB. 

In B.C., compensation is to be claimed within 1 year after the date of injury. Where this deadline is missed, “special circumstances” under section 55 of the B.C. WCA must be established.

In Alberta, compensation is to be claimed within 24 months after the date of the accident or the date on which the worker becomes aware of the accident.  Where this deadline is missed, “reasonable and justifiable grounds” under section 26 of the Alberta WCA must be established.  Alternatively, it must be shown that the claim is a “just claim” and should be allowed. 

The WCB frequently uses certain strategies and makes certain types of decisions early on in the handling of a claim that can result in difficulties later on in a claim.  Generally, the earlier that counsel is engaged, the better.