Resources: Employment
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Mind Your Manners: B.C. Human Rights Tribunal Orders Complainant to Pay $3,000 in Punitive Costs for Improper Conduct in the Complaint Process
January 10, 2024
In Dr. A. v. Health Authority, 2023 BCHRT 10, the B.C. Human Rights Tribunal ordered the complainant, Dr. A, to pay $3,000 in punitive costs for contravening the rules and orders of the Tribunal and also for engaging in improper conduct during the complaint process.
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Mind Your Manners: B.C. Human Rights Tribunal Orders Complainant to Pay $3,000 in Punitive Costs for Improper Conduct in the Complaint Process -
No Evidence that ‘Contact High’ is a Disability: B.C. Tribunal
December 15, 2023
In Gendron v. Koppert Canada Ltd., 2023 BCHRT 173 the B.C. Human Rights Tribunal (the Tribunal) dismissed a complaint from an individual who alleged that she experienced a “contact high” from cannabis plants. The Tribunal held that the complainant failed to provide any evidence capable of proving that the symptoms she was experiencing were the result of a disability. As a result, the complaint had no reasonable prospect of success and did not warrant the time and expense of a hearing.
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No Evidence that ‘Contact High’ is a Disability: B.C. Tribunal -
No Free Lunch: Just Cause Dismissal Upheld in the Case of Misconduct and the Employee’s Dishonesty in the Investigation of that Misconduct
December 5, 2023
In Mechalchuk v. Galaxy Motors (1990) Ltd., 2023 BCSC 635, the B.C. Supreme Court upheld the just cause dismissal of an employee who had: (1) submitted receipts which he suggested to be business-related but he knew to be personal expenses; and (2) perpetuated his dishonesty during the employer investigation which ensued.
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No Free Lunch: Just Cause Dismissal Upheld in the Case of Misconduct and the Employee’s Dishonesty in the Investigation of that Misconduct -
Right to Union Representation During an Investigation Process
October 24, 2023
In Vancouver (City) Fire and Rescue Services v. Vancouver Firefighters’ Union, [2022] B.C.C.A.A.A. No. 85 (Saunders), Arbitrator Ken Saunders considered an employee’s right to union representation during an investigation process, including the right to remain silent pending the provision of representation.
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Right to Union Representation During an Investigation Process -
B.C. Pay Transparency Act – Update
October 27, 2023
The Pay Transparency Regulation, B.C. Reg. 225/2023 is now available and provides more information about the pay transparency reports that are required under the new legislation. [1]
[1] Pay transparency reports will be required for organizations with 50 or more employees.
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B.C. Pay Transparency Act – Update -
COVID-19 Update – March 18, 2020
March 2020
British Columbians, as with people the world over, are in uncharted territory. This crisis is unprecedented. Schools, business and government buildings throughout the country are closed down, multiple provinces have declared states of emergency, and our leaders are holding press conferences to update us on the situation as it develops, seemingly by the hour.
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COVID-19 Update – March 18, 2020 -
Court Rules Employment Contract Not Frustrated by COVID-19 Pandemic: Employer Ordered to Pay $64,000 in Damages for Wrongful Dismissal
September 19, 2023
Fanzone v. 516400 B.C. Ltd. o/a Shady Tree Neighbourhood Pub, 2022 BCSC 2089 is the latest decision of the B.C. Supreme Court to consider the doctrine of frustration of contract in the context of a wrongful dismissal claim arising out of the COVID-19 pandemic.
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Court Rules Employment Contract Not Frustrated by COVID-19 Pandemic: Employer Ordered to Pay $64,000 in Damages for Wrongful Dismissal -
Doctrine of Res Judicata: Applied with Reference to the Context
September 6, 2023
In the recent case of Kurik v. CAS Ventures Ltd, 2023 BCSC 488, the B.C. Supreme Court considered the doctrine of res judicata in the context of related claims – one being pursued in the courts and the other having already been pursued before the B.C. Employment Standards Tribunal. The Court ultimately declined to strike the pleadings on the basis of res judicata, and allowed the civil claim to continue.
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Doctrine of Res Judicata: Applied with Reference to the Context -
Employer Response to Racial Slur Found Reasonable by Human Rights Tribunal
August 11, 2023
A recent BC human rights case demonstrates the importance of employers taking meaningful action in response to complaints of racial harassment.
In Raul Martinez Johnson v. Whitewater Concrete Ltd. and Matias Pacheco and Miguel Pacheco and Nicolas Pacheco (No. 2), 2022 BCHRT 129, the employer’s response to a complaint eliminated an award of lost wages, despite a finding of discrimination.
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Employer Response to Racial Slur Found Reasonable by Human Rights Tribunal -
Amendments to BC ESA Require All Employers to Provide National Day for Truth and Reconciliation Regardless of Collective Agreement Language
May 16, 2023
On March 9, 2023 and as summarized in a previous article, the Provincial Government of British Columbia passed Bill 2, which recognizes National Day for Truth and Reconciliation (“NDTR”) on September 30th of each year as a statutory holiday. At the time, we advised that for employers with a unionized workplace, the effect of Bill 2 would vary based on collective agreement language, as statutory holidays are subject to a ‘meet or exceed’ test under the B.C. Employment Standards Act.
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Amendments to BC ESA Require All Employers to Provide National Day for Truth and Reconciliation Regardless of Collective Agreement Language