Resources: Health + Safety
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Be Careful What You Say: Discharge for Bad Faith Accusations Against Supervisor Upheld
October 12, 2021
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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“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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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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Vaccination Status and the “New Normal”
August 13, 2021
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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The BC Human Rights Commissioner Weighs in on Mandatory COVID-19 Vaccination Policies
August 6, 2021
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
July 29, 2021
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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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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