Resources: Health + Safety
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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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Leading Labour and Workplace Law Cases of 2020
January 12, 2021
With the upheaval and significant challenges and difficulties of 2020, some important labour and workplace law cases may not have been front of mind for employers and HR practitioners.
The following are what we consider to be among the top five cases of the last 12 to 18 months.
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Attention Federal Employers: The Workplace Harassment and Violence Prevention Regulations Are Now In Effect
January 11, 2021
On January 1, 2021, the Workplace Harassment and Violence Prevention Regulations, SOR/2020-130 came into force (“Regulations”), replacing Part XX of the Canada Occupational Health and Safety Regulations. The Regulations impose a number of new requirements on employers in the federal sector, some of which must be undertaken in order to develop and implement a Workplace Harassment and Violence Prevention Policy compliant with the Regulations.
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Forum Selection Clauses
November 12, 2020
Earlier this year, the BC Court of Appeal released Schuppener v. Pioneer Steel Manufacturers Ltd., 2020 BCCA 19, a decision which clarifies the law regarding forum selection clauses. Although not an employment or labour law decision, Schuppener is a case of particular relevance to employers which conduct business across provincial or international borders and want certainty as to the jurisdiction in which any litigation regarding those employment contracts will occur.
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Changes to the Workers Compensation Act Now in Effect
August 19, 2020
Bill 23, which introduces significant changes to the Workers Compensation Act (the “Act”), received royal assent on August 14, 2020. The Act contains 34 provisions including changes relating to compensation, assessment, and occupational health and safety matters. Bill 23 was tabled by Minister of Labour, Harry Bains, on July 14, 2020, and was previously discussed in our July 21,2020, update.
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B.C. Government Proposes Significant Changes to the Workers Compensation Act
July 21, 2020
On July 14, 2020, the Minister of Labour tabled Bill 23, Workers’ Compensation Amendment Act, 2020 which proposed a number of significant changes to the Workers Compensation Act, RSBC 2019, c. 1 (the “Act”). The Act itself was already revised significantly earlier this year in an organizational revision which primarily reorganized the provisions and made minor alterations to wording.
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Refusal of Unsafe Work: Lessons Learned From SARS
July 6, 2020
As British Columbia moves from Phase 2 into Phase 3 of its Restart Plan, employees will increasingly be asked to return to work and resume work as before – subject of course to the requirements and recommendations of the government, public health authorities and WorkSafeBC.
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COVID-19 Update – March 27, 2020
March 2020
On the morning of March 27, 2020, Prime Minister Justin Trudeau announced a series of significant measures designed to help certain employers weather the storm of the COVID-19 pandemic. The Department of Finance also published a Backgrounder, which provides further detail on certain of these measures. While many of the key details are pending (we understand that further details are set to be released between now and Monday, March 30, 2020), employers should be aware of these measures, and start to consider how these measures may impact their plans as they continue to navigate these challenging times.
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