Resources: Health + Safety

Is a Complainant No Longer Required to Show that Conduct was “Objectively Unwelcome” to Substantiate a Claim of Sexual Harassment?

In the recent decision of Ms. K. v. Deep Creek Store and another, 2021 BCHRT 158, the BC Human Rights Tribunal (the “Tribunal”) declined to follow a long line of human rights case law which requires a complainant to show that conduct was “objectively unwelcome” to substantiate a claim of sexual harassment.

This decision represents a break from the established jurisprudence and should be of interest to employers faced with a claim of sexual harassment in the workplace.

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Clarification to Law of Employee Surveillance

Elevator law, according to one colleague and despite our best attempts to intervene, has its ups and downs. It has a unique set of characteristics, including its own elevator union (the International Union of Elevator Constructors (IUEC)), industry-specific collective agreements and a workforce of largely independent technicians.

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Labour Law in the Time of Cholera

2020 was full of surprises, and 2021 continued to bring new challenges for the profession. Our corner of toil in the legal vineyards was not immune. For labour and employment lawyers, 2021 at times felt like a treadmill of legislative change, workplace vaccination policies (do not call it a mandate unless employers are forcibly injecting employees…), and helping employers plan to keep their workplaces safe.

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Through the Looking Glass: 2022 BC Labour Law Forecast

It is the start of a new year and we are ready to look ahead. In B.C., we are anticipating some significant labour decisions in 2022, which could be consequential for unionized workplaces. Join us as we fall down the rabbit hole of Charter challenges and vaccination policies.

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Can I Quit and Start Competing: Dispute Born of Competing Fertility Clinics

Genesis Fertility Inc. v. Yuzpe 2021 BCCA 420 has it all: intrigue, betrayal and even a “shotgun.” In addition, it has some useful takeaways for employers who are navigating employee relations in times of significant organizational change.

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BC Human Rights Tribunal Confirms that the Duty to Accommodate Does Not Extend to Providing Employees with Unproductive Work

In Kelly v. Saputo Dairy Products Canada, 2021 BCHRT 128, the BC Human Rights Tribunal dismissed a complaint made by a former employee claiming that his employer failed to take adequate steps to accommodate his disability.

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Arbitrators Consider Vaccination Policies

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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Gender Identity + Expression

On October 28, my colleague Alissa Demerse and I presented on a very important topic in today’s climate: Gender Identity and Expression. In this webinar, we provided an overview of the topic, reviewed a number of key cases and outlined “do’s and do not’s” for employers. Here is a summary.

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BC Labour Relations Board Finds No Anti-Union Animus in Discharge of 30-Year Employee During Organizing Drive

In Re RMC Ready-Mix Ltd., 2021 BCLRB 99, Vice-Chair Andres Barker of the BC Labour Relations Board held that the discharge of a 30-year employee (“the Employee”) did not amount to an unfair labour practice under the Labour Relations Code as alleged by the union.

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Be Careful What You Say: Discharge for Bad Faith Accusations Against Supervisor Upheld

In Teck Coal Ltd. v. United Steel, Paper and Forestry, Rubber, Manufacturing  Energy, Allied Industrial and Service Workers International Union, Local  7884 (Lybacki Grievance), [2021] B.C.C.A.A.A. No. 114 (Glass), Arbitrator Nicholas Glass dismissed a union grievance concerning the discharge of two employees, Lybacki and Sandberg, from their maintenance positions at Teck Coal’s Fording River mine.

The two were terminated from employment after falsely accusing their supervisor, Hennessey, of being under the influence of alcohol while at work.

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