Resources: Employment

  • Law Professor’s Human Rights Complaint Against University of British Columbia Dismissed

    February 2018

    by Julie MentenMichael Wagner

    More than a year after the merits of Ms. McCue’s complaint were heard, the B.C. Human Rights Tribunal (the “Tribunal”) has dismissed this case in its entirety. The 300+ page decision contains important discussion about various topics including the Tribunal’s jurisdiction, prima facie discrimination, workplace accommodation, cultural obligations, complainant obligations, and the duty to inquire.

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    Law Professor’s Human Rights Complaint Against University of British Columbia Dismissed
  • Careful About Aiming Too High And Asking For Too Much

    February 2018

    by Gabrielle Scorer

    After reorganizing a business, employers must take care that the terms of settlement and new employment they offer to their employees do not provide a basis for a dismissed employee to reasonably refuse to take the position in order to mitigate damages for wrongful dismissal.

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    Careful About Aiming Too High And Asking For Too Much
  • Are Your Bullying and Harassment Policies and Procedures in Good Shape?

    February 2018

    by Danny Bernstein

    It seems like every day a new story surfaces about allegations of sexual harassment against Hollywood elites and other celebrities. Each time, the online world erupts and anyone with a computer can have their say.  Reputations can be destroyed in hours.

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    Are Your Bullying and Harassment Policies and Procedures in Good Shape?
  • Settling Human Rights Complaints – What Not To Do

    January 2018

    by Julia Bell

    When an employee makes a human rights complaint to the B.C. Human Rights Tribunal, the employee and the employer are permitted and even encouraged to settle such complaints. In some cases, complainants may agree to a settlement and then pursue the complaint anyway.  In these circumstances, the Tribunal retains jurisdiction to hear the complaint if it determines that it would further the purposes of the B.C. Human Rights Code to do so.  Such was the case in The Employee v. The Company and the Owner, 2017 BCHRT 266.

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    Settling Human Rights Complaints – What Not To Do
  • The Scope of Human Rights in the Modern Workplace

    December 2017

    by Sandra Guarascio

    At a time when the #metoo movement continues to galvanize, the Supreme Court of Canada has issued a landmark decision in British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62 that expands protection from discrimination in the workplace so that it now can potentially include within its scope harassment perpetrated by co-workers, even if they have different employers.

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    The Scope of Human Rights in the Modern Workplace
  • Human Rights Tribunal Confirms Employers Continue to Drive the Bus

    December 2017

    by Mike Hamata

    In Adair v. Forensic Psychiatric Services Commission (No. 2), 2017 BCHRT 147, the B.C. Human Rights Tribunal revisited what accommodation looks like in the employment context.  The key reminder for employers and counsel is that the proposed accommodation need not be perfect – when there is more than one reasonable option for accommodation, “the employer is entitled to choose among them”.

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    Human Rights Tribunal Confirms Employers Continue to Drive the Bus
  • The Zellstoff Trilogy- Privacy v. Technology

    December 2017

    by Gavin Marshall

    In the age of technology and data collection, there is, or can be, a digital footprint and record of virtually all employee activity.

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    The Zellstoff Trilogy- Privacy v. Technology
  • Executive’s Self-Dealing Can Lead to Rescission of Employment Agreement

    November 2017

    by Maggie Campbell

    The focus of this article is a case arising out of Ontario: UPM-Kymmene Corp. v. UPM-Kymmene Miramichi Inc., [2002] O.J. No. 2412 (S.C.J.), affirmed [2004] O.J. No. 636 (C.A.).

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    Executive’s Self-Dealing Can Lead to Rescission of Employment Agreement
  • Boilerplate Non-Competition Clauses Are No Protection At All

    November 2017

    by Drew Demerse

    The B.C. Court of Appeal recently clarified the analytical framework regarding the enforceability of non-competition clauses in the employment context. In IRIS The Visual Group Western Canada Inc. v. Park, 2017 BCCA 301, the Court questioned the use of boilerplate language and reminded employers that restrictive covenants must be drafted with care.

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    Boilerplate Non-Competition Clauses Are No Protection At All
  • Be Wary of Ambiguity: A “Bonus” Lesson for Employers

    November 2017

    by Ryan Copeland

    The recent BC Supreme Court case of Kenny v. Weatherhaven Global Resources Ltd., [2017] B.C.J. No. 1510 (S.C.) illustrates the perils of poorly drafted employment agreements.

     

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    Be Wary of Ambiguity: A “Bonus” Lesson for Employers
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