Resources: Human Rights

  • B.C. Human Rights Tribunal Rules that Employer’s Decision to Dismiss College Instructor for “Deeply Intolerant” Videos on YouTube was Not Discriminatory

    by Gabrielle Berron-Styan

    In Glebov v. Fraser International College, 2024 BCHRT 19, the B.C. Human Rights Tribunal (the “Tribunal”) dismissed the human rights complaint of a college instructor who was terminated from employment after he posted YouTube videos expressing his views about religion, women, gender, homosexuality, abortion and sexual assault.

     

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  • Bots in the HR Department: Recruitment in the Age of Generative AI

    March 13, 2024

    Although artificial intelligence (AI) tools have been available to human resources (HR) departments for many years, the November 2022 release of OpenAI’s ChatGPT prompted HR professionals and their legal advisors to take a fresh look at how generative AI chatbots can support and improve HR work, including recruitment.

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  • Arbitrators Consider Vaccination Policies

    December 7, 2021

    by Kate DueckChristopher Munroe

    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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  • ESA: Five Days Paid Personal Illness or Injury (Sick) Leave, as of January 1, 2022

    November 25, 2021

    by Michael R. Kilgallin

    On May 28, 2021 we issued an update regarding Bill 13 Employment Standards Amendment Act (No. 2), 2021 (“Bill 13”), which amended the British Columbia Employment Standards Act (the “ESA”).  Bill 13 added temporary paid COVID leave (ending December 31, 2021) and added paid leave for personal illness or injury commencing January 1, 2022 (“Paid Sick Leave”), with the amount of days to be determined.

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  • Vaccination Status and the “New Normal”

    August 13, 2021

    by Drew DemerseChristopher Munroe

    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

    by S. BlancoChristopher Munroe

    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

    by Rebecca Klass

    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

    May 28, 2021

    by Michael R. Kilgallin

    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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  • Mind Your Manners: B.C. Human Rights Tribunal Orders Complainant to Pay $3,000 in Punitive Costs for Improper Conduct in the Complaint Process

    January 10, 2024

    by Sarina Gill

    In Dr. A. v. Health Authority, 2023 BCHRT 10, the B.C. Human Rights Tribunal ordered the complainant, Dr. A, to pay $3,000 in punitive costs for contravening the rules and orders of the Tribunal and also for engaging in improper conduct during the complaint process.

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  • No Evidence that ‘Contact High’ is a Disability: B.C. Tribunal

    December 15, 2023

    by S. Blanco

    In Gendron v. Koppert Canada Ltd., 2023 BCHRT 173 the B.C. Human Rights Tribunal (the Tribunal) dismissed a complaint from an individual who alleged that she experienced a “contact high” from cannabis plants. The Tribunal held that the complainant failed to provide any evidence capable of proving that the symptoms she was experiencing were the result of a disability. As a result, the complaint had no reasonable prospect of success and did not warrant the time and expense of a hearing.

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