Resources: Health + Safety

The BC Human Rights Commissioner Weighs in on Mandatory COVID-19 Vaccination Policies

As vaccination rates increase, and the province continues to progress through each phase of its reopening plan, one of the biggest questions facing employers is whether to implement a mandatory vaccination policy for employees and, in some cases, customers. This is a complex and highly context-specific question that engages human rights issues, privacy issues, and workplace safety considerations.

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COVID-19-Related Misconduct is Nothing to Sneeze At

In a decision issued on May 10, 2021[1], Arbitrator Paul Love dismissed a discipline grievance related to COVID-19-related misconduct.  The discipline was issued at a time when, in the words of the arbitrator, “there was a dearth of arbitral jurisprudence” with respect to such misconduct.

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Paid COVID-19 Leave Now, and Paid Sick Leave in 2022

Bill 13 Employment Standards Amendment Act (No. 2), 2021 (“Bill 13”) received Royal Assent on May 20, 2021. Bill 13 is an amendment to the British Columbia Employment Standards Act (the “ESA”) and does two things:

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WorkSafeBC Decisions Provide Clarification Regarding Employer Actions Related to COVID-19 Safety

Two recent WorkSafeBC cases provide guidance regarding unacceptable worker actions in the context of the COVID-19 pandemic and related health and safety issues. Both cases dealt with prohibited action complaints brought by a dismissed worker against a former employer under sections 47 to 50 of the B.C. Workers Compensation Act.

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Employee Reinstated Despite “Ongoing Pattern of Disrespect” for Employer’s COVID-19 Safety Protocols

Previously printed in the LexisNexis Labour Notes Newsletter. 

In the recent decision of Trillium Health Partners v. CUPE, Loc. 5180, 2021 CanLII 127 (Jesin), an Ontario arbitrator, Norm Jesin, reinstated an employee to employment after he was suspended and subsequently discharged for failing to adhere to the employer’s COVID-19 safety protocols.

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COVID-19 Update – March 26, 2020 – B.C. Bulletin

On the morning of March 26, 2020, Premier John Horgan and Mike Farnworth, the Minister of Public Safety and Solicitor General, announced the provincial government would use extraordinary powers available pursuant to the Emergency Program Act to ensure a coordinated response to COVID-19 across all levels of government.  This memorandum addresses this major development in the COVID-19 crisis which will be of significance to employers operating in B.C.

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COVID-19 Update – March 18, 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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Arbitrator Allows Religious-Based Exemption From Covid-19 Mandatory Vaccination Policy

In the recent case of B.C. Rapid Transit Co. v. Canadian Union of Public Employees, Local 7000 (Morzhakov Grievance), [2022] B.C.C.A.A.A. No. 114 (Noonan), Arbitrator Randall Noonan held that an employer violated an employee’s rights under the B.C. Human Rights Code when it refused to grant a religious accommodation in relation to its COVID-19 mandatory vaccination policy.

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Employer Must Take Meaningful Steps to Confirm Voluntary Resignation or Risk Paying Damages for Wrongful Dismissal

In the recent decision of Burd v. Tahtsa Timber Ltd., 2022 BCSC 1372, the BC Supreme Court confirmed that an employer cannot simply assume that an employee has voluntarily resigned from his or her employment. Rather, the employer must take meaningful steps to confirm that the employee has in fact resigned.

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‘Tis the Season to Avoid Folly: Treats and Tidbits for a Successful Christmas or Holiday Party

Employers that organize and host Christmas or holiday parties and similar work-related social events have a number of legal responsibilities. They can be held liable for not taking adequate precautions to protect their employees from foreseeable and preventable harm.

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