Resources: Health + Safety
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Accessible British Columbia Act
June 29, 2021
The Accessible British Columbia Act (the “Act”) received royal assent on June 17, 2021.
The new legislation requires government and prescribed organizations to establish an accessibility committee for the purpose of identifying, removing and preventing barriers which hinder the full and equal participation in society of persons with disabilities.
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Record-Setting Damages Awarded by B.C. Human Rights Tribunal Following Racial Discrimination
May 19, 2021
On January 28, 2021, the former Chair of the B.C. Human Rights Tribunal, Diana Juricevic, issued her decision respecting remedy after finding that the Government of British Columbia discriminated and retaliated against a corrections officer contrary to the B.C. Human Rights Code (the “Remedy Decision”).
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Managing Mental Health in the Workplace
May 17, 2021
Employers often face unique challenges when dealing with employees who suffer from mental health issues. This article highlights the essential points of an employer’s duty to accommodate employees with mental disabilities in the workplace.
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WorkSafeBC Decisions Provide Clarification Regarding Employer Actions Related to COVID-19 Safety
April 29, 2021
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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Hot Mic Catches Ref Offside
April 19, 2021
In March, referee Tim Peel was captured on a hot mic boasting about calling a penalty because he “wanted to.” In less than 24 hours, Peel’s employment with the National Hockey League (NHL) had been terminated. In its statement, the NHL said “Nothing is more important than ensuring the integrity of our game.”
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Employee Reinstated Despite “Ongoing Pattern of Disrespect” for Employer’s COVID-19 Safety Protocols
March 2021
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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Discharge Upheld for Employee Who Violated Employer’s COVID-19 Policies
March 2, 2021
In Labourers’ International Union of North America, Loc. 183 v. AECON Industrial, 2020 CanLII 91950 (ON LA) (Carrier), the discharge of an employee who attended work after exhibiting COVID-19 symptoms and contrary to his employer’s direction was upheld. This decision offers a firm rebuke against conduct which potentially puts other employees at risk of contracting the virus, and provides employers with strong support for issuing significant discipline in response to that kind of misconduct.
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The Test for Toxicity: What Constitutes a Poisoned Workplace?
February 16, 2021
With the recent report of a toxic work environment at Rideau Hall and the subsequent resignation of former Governor General Julie Payette, the issue of what constitutes a poisoned workplace is front of mind for many employers. When are interpersonal tensions and conflict between colleagues “normal”? When do they rise to the level of “toxic” and trigger rights to legal recourse and remedies?
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Arbitrator Upholds Discharge of Employee with Tobacco Addiction for Smoking at Work
February 12, 2021
In a recent B.C. case, West Fraser Mills Ltd. v. Northern Interior Woodworkers’ Assn. (Souter Grievance), [2020] B.C.C.A.A.A. No. 85 (Glass), an arbitrator upheld the discharge of an employee with a severe tobacco use disorder for smoking on site contrary to the employer’s policies.
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