Resources: Employment
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Will Income From A Second Job Be Considered Earnings In Mitigation?
July 2018
In Pakozdi v. B & B Heavy Civil Construction Ltd., 2018 BCCA 23, the B.C. Court of Appeal clarified how to treat replacement income in the calculation of damages for a wrongfully dismissed employee.
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Will Income From A Second Job Be Considered Earnings In Mitigation? -
“Investigation is the New Arbitration”: Thoughts on Our Changing Workplaces
July 2018
Every seasoned human resources professional is aware that “investigation is the new arbitration”. When addressing issues of all but the most serious and blatant misconduct, employers are now routinely counselled that if they shoot first and ask questions later, they do so at their peril.
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“Investigation is the New Arbitration”: Thoughts on Our Changing Workplaces -
Introducing The Smell Test: Disciplining An Employee For Body Odour
July 2018
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
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
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
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
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
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
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
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?