Resources: Employment

  • Introducing The Smell Test: Disciplining An Employee For Body Odour

    July 2018

    by Jacqueline D. Gant

    Summer is here. And with it comes the awkward but very real workplace issue of employee hygiene. The question is, what can employers do about an employee with body odour and hygiene issues? A recent decision of the BC Human Rights Tribunal, Southwell v. CKF Inc., 2017 BCHRT 83 (“Southwell”) provides guidance.

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    Introducing The Smell Test: Disciplining An Employee For Body Odour
  • Perception of Retaliation Does Not Breach the Human Rights Code

    June 2018

    by Jennifer Devins

    In Gichuru v. Pallai, 2018 BCCA 78, the most recent decision in the long-running saga between an individual and his former landlord, the BC Court of Appeal clarified the test for retaliation under section 43 of the BC Human Rights Code, R.S.B.C. 1996, c. 210 (the “Code”).

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    Perception of Retaliation Does Not Breach the Human Rights Code
  • Termination for Failure to Comply with Attendance Policy Not Discriminatory

    June 2018

    by Brandon Hillis

    In Rajuc v. Omega Tool Corp., 2017 HRTO 818, the Ontario Human Rights Tribunal provided employers with valuable guidance regarding how to deal with workplace attendance problems.

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    Termination for Failure to Comply with Attendance Policy Not Discriminatory
  • Failing a Breathalyzer Test in a Company Vehicle: Just Cause for Dismissal?

    June 2018

    by Jennifer S. Russell

    The B.C. Supreme Court recently determined in Klonteig v. District of West Kelowna, 2018 BCSC 124 that an assistant fire chief was wrongfully dismissed when his employer terminated his employment after he failed two breathalyzer tests while driving his employer’s vehicle.

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    Failing a Breathalyzer Test in a Company Vehicle: Just Cause for Dismissal?
  • Protection from Patrons: Protecting Employees from Sexualization in the Workplace

    April 2018

    by Jacqueline D. Gant

    Employers have a duty to protect employees from sexualization in the workplace by patrons and customers, even if that means removing or banning individuals with an alleged mental disability from their facilities or place of business.

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    Protection from Patrons: Protecting Employees from Sexualization in the Workplace
  • Protection from Patrons: Protecting Employees from Sexualization in the Workplace

    April 2018

    by Jacqueline D. Gant

    Employers have a duty to protect employees from sexualization in the workplace by patrons and customers, even if that means removing or banning individuals with an alleged mental disability from their facilities or place of business.

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    Protection from Patrons: Protecting Employees from Sexualization in the Workplace
  • What does the Cambridge Analytica Scandal Mean for Canadian Employers?

    April 2018

    by Keri L. Bennett

    Cambridge Analytica has been all over the news for the past couple of weeks. The consulting firm allegedly used the personal information of 50 million Facebook users, without their permission, for political purposes. What does this issue mean to Canadian employers?

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    What does the Cambridge Analytica Scandal Mean for Canadian Employers?
  • What does the Cambridge Analytica Scandal Mean for Canadian Employers?

    April 2018

    by Keri L. Bennett

    Cambridge Analytica has been all over the news for the past couple of weeks. The consulting firm allegedly used the personal information of 50 million Facebook users, without their permission, for political purposes. What does this issue mean to Canadian employers?

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    What does the Cambridge Analytica Scandal Mean for Canadian Employers?
  • B.C. Employment Standards Tribunal Confirms After-Acquired Cause May Justify Termination Without Notice or Pay in Lieu Under the Employment Standards Act

    March 2018

    by Christopher Munroe

    In Re Black Press Group Ltd., BC EST No. RD074/17, the B.C. Employment Standards Tribunal confirmed that evidence of after-acquired cause (i.e. evidence of pre-dismissal misconduct discovered after dismissal) can be admitted to prove just cause under the Employment Standards Act (the “ESA”) and eliminate the employer’s obligation to provide termination notice or pay in lieu under the ESA.

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    B.C. Employment Standards Tribunal Confirms After-Acquired Cause May Justify Termination Without Notice or Pay in Lieu Under the Employment Standards Act
  • When Workplace Arguments Heat Up: The Unintentional Dismissal

    March 2018

    The importance of maintaining composure in the heat of the moment, even in the face of insubordination or other defiant employee behaviour, is highlighted in Sweeting v. Mok, 2017 ONCA 203.

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    When Workplace Arguments Heat Up: The Unintentional Dismissal
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