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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Bill 30, Employment Standards (Serious Illness or Injury Leave) Amendment Act: BC Government Proposes 27-Week Serious Illness or Injury Leave for Employees

On October 20, 2025, the BC Legislature introduced Bill 30, Employment Standards (Serious Illness or Injury Leave) Amendment Act. If passed, Bill 30 will amend the Employment Standards Act (the “ESA”) to provide employees with up to 27 weeks of unpaid leave within a 52-week period due to serious illness or injury (the “Serious Illness or Injury Leave”).

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

In District of Sparwood 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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Confirming the Historic Trade-Off: A Worker’s Civil Action is Statute-Barred When Injury Arose Out of and In the Course of Employment

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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