B.C. Labour Minister and Surrey-Newton MLA Harry Bains working at home. (Submitted photo)

B.C. Labour Minister and Surrey-Newton MLA Harry Bains working at home. (Submitted photo)

Labour minister stands ground as B.C. business leaders demand temporary layoff extension

Temporary layoff time limits must be extended now, businesses tell Harry Bains

Provincial Minister of Labour Harry Bains says there will be no ministerial order – at least “not right now” – to extend the temporary layoff time limits beyond 16 weeks as there are already provisions under the Employment Standards for employers and workers to apply for extensions beyond that time.

But business organizations throughout the province say that’s not good enough as “time is of the essence,” and they are calling on him to extend the temporary layoff limits to Aug. 31 and tack on six weeks more once emergency orders are lifted, in “the interests of doing what is right for workers and employers in British Columbia.”

Bains told the Now-Leader his government is listening, “and after listening, if we need to extend, and if we’re convinced that extension is needed to protect jobs, but at the same to protect workers rights and their benefits, we will be open to that.”

“We believe the extension variance process will work well,” he said. “We are also prepared to improve that system if need be. If it’s not sufficient, we need to extend further than 16 weeks, we’re open to that because we want to make sure we support the employer and protect those jobs, at the same time the workers’ rights and benefits are also protected.”

In a joint June 22 letter to the Surrey-Newton MLA – from the Surrey Board of Trade, BC Chamber of Commerce, Canadian Federation of Independent Business, Greater Vancouver Board of Trade, BC Built.BC Strong, the Business Council of British Columbia, Retail Council of Canada, Restaurants Canada, British Columbia Hotel Association, the Tourism Industry Association of BC, the BC Trucking Association and ABLE BC For A Responsible Liquor Industry – these organizations claim Bains’ approach is “perplexing and is unacceptable.

“It also unnecessarily places at risk thousands of jobs for youth, women, and vulnerable people in our society,” they charge. “The business community is extremely disappointed with your response and, respectfully, calls upon you to immediately revisit your decision and issue an extension to the temporary layoff time limits as we have requested without delay.”

READ ALSO: Labour Minister says B.C. in ‘relatively good position’ to rebound from pandemic

Bains said Monday the NDP government “fully” understands that the pandemic has put many workers and businesses “under significant strain,” but it has already extended the temporary layoff provisions in the Employment Standards Act to 16 weeks from 13 and employers and workers together can also apply for further extensions.

“We have a flexibility in our Employment Standards Act, compared to other jurisdictions, where if the employer feels they need a few more days, and a little more time, to extend the temporary layoff from 16 weeks even, then they can actually talk to their impacted workers and if the majority of those workers agree, they can apply to Employment Standards for the extension beyond 16 weeks. So that provision is available to them right now,” Bains told the Now-Leader.

He said the government needs to take a “balanced” approach that supports employers and protects workers’ rights as well.

“I’m encouraging them, that they should talk to each other, workers and employers, and they can actually reach out to Employment Standards if they need more time beyond 16 weeks.”

Anita Huberman, CEO of the Surrey Board of Trade, says businesses across the province have been calling on Bains to act urgently in an effort to prevent more job losses and small businesses from going bankrupt as a result of the COVID-19 pandemic.

She says at issue is the spectre of bankruptcy and insolvency for thousands of small and medium sized businesses and not-for-profits being forced to pay out severance because of unforeseen circumstances brought on by the pandemic.

“Minister Bains has it within his power to provide a ministerial order to extend the temporary lay-off time limits under the Employment Standards Act to provide employers with the breathing room needed to survive, recover and facilitate return-to-work for laid-off employees,” Huberman said.

She said the Surrey Board of Trade “demands that the BC Ministry of Labour revisit their recent negative response to the business community. Take action. Extend the temporary layoff provision for at least a further 13-week period through to August 31, 2020 to provide employers with certainty during this tenuous economic recovery period.”

To this, Bains replies, “That’s what I’m saying, that the employer has that option right now under Employment Standard that they can talk to workers and get their agreement and then they can approach to the Employment Standard and get that extension.

“For example,” he said, “if an employer has 50 employees and they are bringing back say 40 of them, but the 10 of them still have to wait beyond 16 weeks that they already have, then they could go to those 10, and if the majority of those 10 agree to postpone or extend the 16 week temporary layoff they can go to Employment Standard and apply for the extension.”

There will be no ministerial order, he said. “Not right now. I’ve already spoken to Employment Standard Branch, through my ministry, and they’re ready to take those applications and are working diligently to help employers and workers and listen to those applications.”

The organizations that signed the June 22 letter, however, say Bains’ suggestion that employers apply under the ESA for a variance to extend temporary layoff time limits is a “hollow offering” and “frankly Minister, insulting to the many businesses struggling to recover or simply keep their doors open as a result of COVID-19.

“You are aware, or ought to be aware, of the substantial back logs within the Employment Standards Branch,” they told Bains. “If businesses are required to use this ‘pathway,’ it will be several weeks or months before extensions to statutory layoff provisions that are urgently required now are granted. The result will be widespread bankruptcies and insolvencies that you, as Minister of Labour, caused through your inaction.”



tom.zytaruk@surreynowleader.com

Like us on Facebook and follow Tom on Twitter

BusinessCoronavirusSurrey

Just Posted

Residents line up outside the Vernon Recreation Complex for their COVID-19 vaccine Saturday, June 5. (Jennifer Smith - Morning Star)
No appointments necessary for first dose COVID-19 vaccine: Interior Health

People can just show up at clinics, register on the spot and get the shot

1914
It happened this week in 1914

June 6 -12: Compiled by Dave Humphrey from the archived newspapers held at the Cranbrook History Centre and Archives

Provincial Health Officer Dr. Bonnie Henry on Thursday, June 10, mentioned Grand Forks among two other COVID “hot spots” in B.C. Photo: Screenshot - YouTube COVID-19 BC Update, June 10, 2021
PHO Henry says West Kootenay city is a COVID ‘hot spot’ in B.C.

There are 11 cases of COVID-19 in the Grand Forks local health area, according the BC CDC

Supporters — and shoppers — lined up waiting at the Cranbrook Health Care Auxiliary Thrift Store on 8th Avenue South, waiting for the doors to open on the store's first day of operations since the pandemic forced its closure. (Photo courtesy Kate Fox)
CHCA Thrift Store re-opens in Cranbrook

After a closure of 15 months, due to the pandemic, the Cranbrook Health Care Auxiliary Thrift Store on 8th Avenue South has once again opened its doors for business.

At an outdoor drive-in convocation ceremony, Mount Royal University bestows an honorary Doctor of Laws on Blackfoot Elder and residential school survivor Clarence Wolfleg in Calgary on Tuesday, June 8, 2021. THE CANADIAN PRESS/Jeff McIntosh
‘You didn’t get the best of me’: Residential school survivor gets honorary doctorate

Clarence Wolfleg receives honorary doctorate from Mount Royal University, the highest honour the school gives out

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

A logging truck carries its load down the Elaho Valley near in Squamish, B.C. in this file photo. THE CANADIAN PRESS/Chuck Stoody
Squamish Nation calls for old-growth logging moratorium in its territory

The nation says 44% of old-growth forests in its 6,900-square kilometre territory are protected while the rest remain at risk

Flowers and cards are left at a makeshift memorial at a monument outside the former Kamloops Indian Residential School to honour the 215 children whose remains are believed to have been discovered buried near the city in Kamloops, B.C., on Monday, May 31, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Pick a Sunday:’ Indigenous leaders ask Catholics to stay home, push for apology

Indigenous leaders are calling on Catholics to stand in solidarity with residential school survivors by not attending church services

“They will never be forgotten, every child matters,” says Sioux Valley Chief Jennifer Bone in a video statement June 1. (Screen grab)
104 ‘potential graves’ detected at site of former residential school in Manitoba

Sioux Valley Dakota Nation working to identify, repatriate students buried near former Brandon residential school

The Queen Victoria statue at the B.C. legislature was splattered with what looks like red paint on Friday. (Nicole Crescenzi/News Staff)
Queen Victoria statue at B.C. legislature vandalized Friday

Statue splattered with red paint by old growth forest proponents

Most Read