Resources: Health + Safety

  • Too Little, Too Late: Just Cause Termination for Non-Culpable Absenteeism After Employer’s Repeated Requests for Medical Evidence Went Largely Unanswered

    June 19, 2025

    by Teodora Bardas

    In District of Sparwoood v. CUPE, Local 2968 (P. Schafer Dismissal) (February 28, 2025), Arbitrator Ken Saunders upheld the just cause discharge of an employee who had been absent from work for over three years on a medical leave and failed to provide clear, current and credible medical evidence about his current and future ability to return to work, notwithstanding repeated requests.

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    Too Little, Too Late: Just Cause Termination for Non-Culpable Absenteeism After Employer’s Repeated Requests for Medical Evidence Went Largely Unanswered
  • Confirming the Historic Trade-Off: A Worker’s Civil Action is Statute-Barred When Injury Arose Out of and In the Course of Employment

    June 5, 2025

    by Norika Takacs-Rehm

    Workers’ compensation is a no-fault insurance system for injuries arising out of and in the course of a worker’s employment.  Insurance systems of this kind are provincially, federally and territorially mandated through legislation. Read more on a decision involving a respondent who was injured by a falling crate of tiles.

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    Confirming the Historic Trade-Off: A Worker’s Civil Action is Statute-Barred When Injury Arose Out of and In the Course of Employment
  • Bill 11, Employment Standards Amendment Act: BC Government to Restrict Employer’s Ability to Request Health Practitioner Notes for Employee Health, Illness, or Injury Related Leave

    May 21, 2025

    by Michael R. Kilgallin Jacquelynne Coles

    In April 2025, the BC Legislature introduced Bill 11, Employment Standards Amendment Act. Bill 11 passed third reading on May 12, 2025. Bill 11 will amend the Employment Standards Act (the “ESA”) to prohibit employers from requiring employees to provide a note or other documentation from a health practitioner in relation to a health, illness, or injury related leave.

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    Bill 11, Employment Standards Amendment Act: BC Government to Restrict Employer’s Ability to Request Health Practitioner Notes for Employee Health, Illness, or Injury Related Leave
  • Employee Discharged for Lying to His Doctor and Employer

    March 31, 2025

    by Talia Behrmann

    In Brewers Distributors Ltd v. Brewery, Winery and Distillery Workers, Service Employees International Union, Local 2, Branch Local 300 (Banwait Grievance), [2024] B.C.C.A.A.A. No. 115 (Sullivan), Arbitrator Christopher Sullivan agreed that the employer had just and reasonable cause to discharge the grievor from employment after he was untruthful about his medical restrictions.

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    Employee Discharged for Lying to His Doctor and Employer
  • Workplace Psychological Claims – BC Supreme Court Narrows the “Labour Relations Exclusion”

    March 19, 2025

    by Alissa DemerseNorika Takacs-Rehm

    On March 6, 2025, the BC Supreme Court released an important and lengthy decision regarding workplace psychological claims. This trial decision addresses the second part of James Pickering’s action for benefits under the Workers Compensation Act, R.S.B.C. 2019, c. 1 [WCA].  The first part of this proceeding, indexed as Pickering v. School District No. 38 (Richmond), 2021 BCSC 1497, was a judicial review of a decision of the Workers’ Compensation Appeal Tribunal (“WCAT”).

    At trial, Mr. Pickering argued that two provisions of the WCA infringe his rights under s. 15 of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11 [Charter]. He said that those provisions, in combination, led to the denial of his mental disorder claim for workers’ compensation. In short, he argued that his claim was denied for reasons that are discriminatory.

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    Workplace Psychological Claims – BC Supreme Court Narrows the “Labour Relations Exclusion”
  • Health Spending Accounts Not Sufficient to Meet ESA Sick Leave Requirements

    September 17, 2024

    by Lara IsraelRebecca Klass

    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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    Health Spending Accounts Not Sufficient to Meet ESA Sick Leave Requirements
  • Update on Five Paid Sick Days Under Employment Standards Act

    January 26, 2022

    by Janna CrownMichael R. Kilgallin

    The New Year brought employers in British Columbia a requirement to provide their employees with five paid sick (illness or injury) days. Since the requirement came into effect on January 1, 2022, we have been fielding questions about the implementation of the five paid sick days in the workplace. Below we highlight some of our more frequently asked questions.

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    Update on Five Paid Sick Days Under Employment Standards Act
  • Arbitrators Consider Vaccination Policies

    December 7, 2021

    by Kate DueckChristopher Munroe

    In the past few weeks, arbitrators have begun to issue decisions considering the reasonableness of COVID-19 vaccination policies in unionized workplaces. The following three decisions out of Ontario provide some key takeaways for employers.

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    Arbitrators Consider Vaccination Policies
  • ESA: Five Days Paid Personal Illness or Injury (Sick) Leave, as of January 1, 2022

    November 25, 2021

    by Michael R. Kilgallin

    On May 28, 2021 we issued an update regarding Bill 13 Employment Standards Amendment Act (No. 2), 2021 (“Bill 13”), which amended the British Columbia Employment Standards Act (the “ESA”).  Bill 13 added temporary paid COVID leave (ending December 31, 2021) and added paid leave for personal illness or injury commencing January 1, 2022 (“Paid Sick Leave”), with the amount of days to be determined.

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    ESA: Five Days Paid Personal Illness or Injury (Sick) Leave, as of January 1, 2022
  • Vaccination Status and the “New Normal”

    August 13, 2021

    by Drew DemerseChristopher Munroe

    As governments and businesses seek to avoid closures that have so heavily impacted the economy and everyday life, many are looking to vaccine passports and/or considering mandatory vaccination in the workplace to facilitate a return to “normal” operations.

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    Vaccination Status and the “New Normal”
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