Resources: Employment
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“Proud” Employee Awarded Half a Year of Notice and Aggravated Damages After Just Two Months of Work
October 6, 2021
Shahram Younesi knew something was not right when he walked into a meeting and his managers were standing up. They proceeded to terminate his employment after just two months of work. When he asked why, he was told that he was not a competent engineer or a good manager, and that he embarrassed the company. He was offered one month of pay in lieu of notice and asked to immediately sign a letter to confirm his acceptance of those terms. He refused and ultimately sued.
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Labour Protections Apply Even in Cases of Blatant Racism
September 27, 2021
In early July 2021, an employee of Coca Cola (the “Grievor” and “Employer” respectively) was discharged from employment for wearing a bandana with the Confederate flag and the words “The South Will Rise Again” printed on it.
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Tribunal Decision Underscores Flexible, Common Sense Approach to Accommodation
September 10, 2021
Consider this scenario: an employee suffers an injury at work, takes a medical leave, undergoes surgery and asks to return to work with significant restrictions on their ability to perform the basic tasks associated with the role. Most employers can relate to this scenario all too well and are familiar with the delicate balance that exists between the employer’s duty to accommodate and the point of undue hardship.
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Sick Leave Abuse: Unacceptable Even When Working From Home
July 19, 2021
Over the past year or so, most organizations have moved at least some of their workers to a work-from-home arrangement. In doing so, employers have placed trust in their workers to complete their tasks and be working as and when required.
In a recent decision Arbitrator Arne Peltz considered whether a worker who worked from home could be discharged for sick leave abuse.
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BC Arbitrator Orders “Make Whole” Remedy After Union Invokes Doctrine of Double Jeopardy
July 13, 2021
In School District No. 73 v. BCTF (Wasylik Grievance), a recent British Columbia labour arbitration case, Arbitrator Ken Saunders issued a supplementary award respecting remedy after finding that the union had properly invoked the labour relations doctrine of double jeopardy to bar the grievor’s just cause dismissal.
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Accessible British Columbia Act
June 29, 2021
The Accessible British Columbia Act (the “Act”) received royal assent on June 17, 2021.
The new legislation requires government and prescribed organizations to establish an accessibility committee for the purpose of identifying, removing and preventing barriers which hinder the full and equal participation in society of persons with disabilities.
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Record-Setting Damages Awarded by B.C. Human Rights Tribunal Following Racial Discrimination
May 19, 2021
On January 28, 2021, the former Chair of the B.C. Human Rights Tribunal, Diana Juricevic, issued her decision respecting remedy after finding that the Government of British Columbia discriminated and retaliated against a corrections officer contrary to the B.C. Human Rights Code (the “Remedy Decision”).
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Managing Mental Health in the Workplace
May 17, 2021
Employers often face unique challenges when dealing with employees who suffer from mental health issues. This article highlights the essential points of an employer’s duty to accommodate employees with mental disabilities in the workplace.
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