Resources: Employment

Employer Obligations During Provincial Elections

A provincial election has been called in British Columbia.

This bulletin provides a brief overview of employer obligations to employees during advanced voting and on the final voting day.

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Toxic Work Environment and Investigation of Concern? That Still Might Not Be Enough to Warrant a Discrimination Claim

In Thomas v. Signals Design Group, 2024 BCHRT 135, the B.C. Human Rights Tribunal dismissed a complaint alleging discrimination on the basis of sex. The complainant alleged she received radically different treatment as compared to her male counterparts and had to resign from employment because of the toxic work environment.

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Health Spending Accounts Not Sufficient to Meet ESA Sick Leave Requirements

A British Columbia arbitral decision is the most recent in a developing line of authority cautioning BC employers that sick days conferred under the Employment Standards Act, R.S.B.C. 1996, c. 113 (the “ESA”) may be qualitatively different than sick leave benefits under a collective agreement.

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Ontario Court Decides “Private Group Chats” Can Become a Disciplinable Workplace Issue

In or around April 2020, while the Human Resources department at Metrolinx (the “Employer”) was conducting an investigation into a separate and unrelated matter, an employee informed the Employer about a WhatsApp conversation between the five grievors approximately eight months earlier, a conversation which “contained negative, derogatory and sexist comments about a female employee”.

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International Credentials Recognition Act Comes into Force in BC

On July 1, 2024, the International Credentials Recognition Act, SBC 2023, c 39 (the “Act”) came into force in British Columbia.

The legislation is intended to address the shortage of skilled professionals in BC by reducing barriers for internationally trained professionals seeking jobs in this province. The Act is designed to improve the credential recognition process, making it more fair, efficient, and streamlined for applicants seeking certification from professional regulators.

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New Legislative Requirements for “Online Platform Workers”

In September 2024, app-based ride hailing and food delivery services will be required to provide workers in British Columbia with certain employment-like protections and workers’ compensation benefits.

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Good Accommodation Gone Wrong

In United Nurses of Alberta v. Alberta Health Services (MacKinnon Grievance), [2023] A.G.A.A. No. 10 (Asbell), the majority of an arbitration board awarded $10,000 in injury to dignity (human rights) damages for an employer’s failure to consistently and proactively accommodate a neurodivergent employee.

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Illness and Injury Leave Under the Employment Standards Act in the Unionized Context

Section 49.1 of the B.C. Employment Standards Act (the “ESA”) addresses illness or injury leave (sick leave) and provides as follows: after 90 consecutive days of employment, an employee is entitled to paid leave for up to the prescribed number of days, and unpaid leave for up to 3 days, in each calendar year due to illness or injury.

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When an E-Mail Does Not “Find You Well”: Just Cause Termination Not a Proportionate Response To Employee’s Heated E-Mail

Employers can be quick to assert that a single instance of employee misconduct is enough to discharge an employee for just cause.

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Jurisdictional Issues in Maritime Employment Law

The Federal Court of Canada’s recent decision in Konteft v. Lower Lakes Towing Ltd., 2024 FC 96 (CanLII) confirms that maritime employment law requires careful consideration of jurisdictional issues.

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