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.
- “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
- “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 by Michelle McKinnon (17 Posts)
British Columbia Reinstates Facemasks in Indoor Public Settings
New Public Health Order will require proof of vaccination for British Columbians to attend certain events, services and businesses.
The Human Rights Tribunal dismisses another discrimination complaint relating to a refusal to wear a face mask in a store.
The Government of Canada and British Columbia's Public Health Officer announced mandatory vaccinations for certain workers.
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
BC Supreme Court for the first time considers whether CERB payments would constitute mitigation earnings in the context of a wrongful dismissal.
The British Columbia government has announced proposed amendments to the Employment Standards Act to provide for paid sick leave.
McMillan’s Vancouver Labour and Employment Group is proud to launch it’s first ever Breakfast Series covering key employment and human rights issues!
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.
The British Columbia government has proposed an amendment to the Employment Standards Act to permit employees to take paid leave to get vaccinated.
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.
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.
This article provides an overview of the legal issues employers need to consider when implementing remote working in Canada.
Employees in British Columbia may soon be entitled to paid time off work to receive the Covid-19 vaccination.
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