Michelle McKinnon
604.691.7460
- English
- Afrikaans
Michelle McKinnon acts for business and government bodies in matters relating to employment, labour relations and human rights. She also has significant experience in disputes involving corporate governance and conflicts of interest. She is qualified to practise in South Africa as well as British Columbia.
Prior to joining McMillan, Michelle practised at a Vancouver boutique law firm focused on workplace law and advocacy.
Earlier in her career as a partner at Africa’s largest law firm, Michelle provided employment, labour and regulatory advice to local, cross-border, Chinese, US and UK clients expanding into and conducting business in various countries in Africa. She also provided employment transactional advice for the firm’s corporate clients. Over this time, Michelle was part of the legal team that helped establish the right of the employer to require a terminated employee to stay away from the workplace during the notice period (gardening leave) as part of the common law in South Africa.
Expertise
Speaking Engagements
Media Mentions
- “Quiet firing: bad HR or constructive dismissal?” by Emily Douglas, HRD (September 22, 2022)
- “HR Checklist: 10 considerations before firing an employee,” HRD (September 30, 2020)
- “Can you fire an employee for their social media posts?” by Emily Douglas, HRD (September 28, 2020)
- “Office romances: What are employers’ legal obligations?” by Emily Douglas, HRD (September 15, 2020)
Education & Admissions
Publications
- “Le travail à distance à l’échelle mondiale – Ce que les employeurs doivent savoir,” Éditions Yvon Blais, une société Thomson Reuters, April 2021
- “Employee benefits and the unfair labour practice,” Contemporary Labour Law, Volume 24 No. 10 May 2015, Co-Author
Insights (29 Posts)
Employment and Privacy Implications of Recent BC Time Theft Case
A recent BC decision has affirmed the position that employee Time Theft is just cause for dismissal.
Setting the Record Straight on Probation Clauses
The test for dismissal of a probationary employee is suitability for continued employment.
Unpaid Leave for Failure to Vaccinate Not a Termination of Employment
In the first civil case since mandatory vaccination policies have become widely implemented by employers throughout Canada, a British Columbia Court has ruled on the validity of mandatory vaccination policies and an employer's right to place non-compliant employees on an unpaid leave of absence.
Coming Soon to a Clinic Near You: Mandatory Vaccination for Private Regulated Health Professionals
The BC Government announced on February 9, 2022 that a new Public Health Order will mandate vaccination for all private regulated health professionals.
BC Government Published Workplace Safety Order Mandating COVID-19 Safety Plans
On January 20, 2022, the BC Government published the Workplace Safety order mandating COVID-19 Safety Plans for certain BC workplaces.
COVID-19 Safety Plans Reinstated for BC Employers
On January 7, 2022, the BC Government announced that BC employers will again be required to implement COVID-19 Safety Plans in their workplaces.
Mandatory vaccination for federally regulated workplaces coming early 2022
Regulations are being proposed to the Canada Labour Code to mandate vaccination for all federally regulated employees from early 2022
Federal Government Announces Paid Sick Leave for Federally Regulated Private Sector Employees
Federal Government announced amendments to the Canada Labour Code to provide federally regulated private sector employees with 10 days paid sick leave.
Paid Sick Leave for BC Employees: What We Know So Far
With effect from January 1, 2022, employees in British Columbia will be entitled to 5 days paid sick leave.
British Columbia Announces Paid Sick Leave Effective January 1, 2022
With effect from January 1, 2022, employees in British Columbia will be entitled to 5 days paid sick leave.
Addressing Unique Challenges Faced by Federally Regulated Employers
Federally regulated employers have had to adapt to a number of legal changes and challenges in recent years. This virtual workshop will focus on how to address some of the unique challenges faced by federally regulated employers.
Mandatory Vaccinations for Public Service and Health Care Visitors
Mandatory vaccinations for public service and health care visitors in British Columbia.
British Columbia Reinstates Facemasks in Indoor Public Settings
British Columbia Reinstates Facemasks in Indoor Public Settings
New Proof of Vaccination Requirement May Impact British Columbia Employers and Workplaces
New Public Health Order will require proof of vaccination for British Columbians to attend certain events, services and businesses.
“Breathing Issues” Resulting from Wearing a Face Mask Does Not Amount to a Protected Disability
The Human Rights Tribunal dismisses another discrimination complaint relating to a refusal to wear a face mask in a store.
The Federal Government and British Columbia Announces Mandatory Vaccinations
The Government of Canada and British Columbia's Public Health Officer announced mandatory vaccinations for certain workers.
BC Employers to Transition from COVID-19 Safety Plans to Communicable Disease Plans
On June 17, 2021, the BC Provincial Health Officer, Dr. Bonny Henry, issued a statement to employers on transitioning from COVID-19 Safety Plans to Communicable
CERB Payments Deductible from Wrongful Dismissal Damages
BC Supreme Court for the first time considers whether CERB payments would constitute mitigation earnings in the context of a wrongful dismissal.
Paid COVID-19 Sick Leave for British Columbia Employees
The British Columbia government has announced proposed amendments to the Employment Standards Act to provide for paid sick leave.
McMillan’s Employment Law Breakfast Series
McMillan’s Vancouver Labour and Employment Group is proud to launch it’s first ever Breakfast Series covering key employment and human rights issues!
Paid Vaccination Leave Now Officially Law in British Columbia
Bill 3 entitles BC employees to paid leave for up to 3 hours for each COVID-19 vaccination.
How do the New Travel Restrictions in British Columbia Impact Employers who Require Employees to Travel for Work Purposes?
A new Ministerial Order was made public today that restricts non-essential travel between three Regions in the Province. These restrictions will remain in effect.
Paid Vaccination Leave Proposed for British Columbia Employees
The British Columbia government has proposed an amendment to the Employment Standards Act to permit employees to take paid leave to get vaccinated.
British Columbia Employers Now at Risk of Expedited Workplace Closures
Effective April 12, 2021, health authorities will have the power to order the temporary closure of businesses as a result of COVID-19 outbreaks in the workplace
Personal Opinions Regarding Effectiveness of Masks Insufficient to Ground a Valid Human Rights Complaint
The British Columbia Human Rights Tribunal has dismissed another complaint relating to a refusal to wear a mask based on religious belief and employment.
New Job-Protected Leave Announced for British Columbia Employees to Get Vaccinated
New job-protected leave announced for British Columbia employees to get vaccinated.
A Retailer’s Duty to Accommodate Disabilities That Interfere With a Customer’s Ability to Wear a Face Mask
The BC Human Rights Tribunal has issued its first decision relating to discrimination in the context of mandated mask policies.
Global Remote Working – What Employers Need to Know
This article provides an overview of the legal issues employers need to consider when implementing remote working in Canada.
Paid Time Off for Employees to Get Vaccinated Currently Being Considered for British Columbia
Employees in British Columbia may soon be entitled to paid time off work to receive the Covid-19 vaccination.
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