Resources: Human Rights
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$75,000 award for injury to dignity = “patently unreasonable”
December 2015
In January 2014, we reported on Kelly v. University of British Columbia (No. 4), 2013 BCHRT 302, a case in which the B.C. Human Rights Tribunal (the “Tribunal”) more than doubled its previous record for injury to dignity damages by awarding the complainant $75,000 (the “Tribunal Decision”).
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$75,000 award for injury to dignity = “patently unreasonable” -
BC Human Rights Tribunal Rules Exclusion from Disability Benefits and Mandatory Retirement Not Discriminatory
July 2015
The BC Human Rights Tribunal (“Tribunal”) recently considered the application of s. 13(3)(b) in two age discrimination complaints. The Tribunal dismissed both complaints on preliminary applications.
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BC Human Rights Tribunal Rules Exclusion from Disability Benefits and Mandatory Retirement Not Discriminatory -
“Physical Disability” Defined – A Critical Threshold Question
January 2015
Human rights statutes across Canada prohibit discrimination in employment on the basis of, among other things, “physical disability”. Sometimes it is clear that an employee is physically disabled, and entitled to statutory protection. However, there are other times when it is unclear if an employee’s medical circumstances fit the definition.
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“Physical Disability” Defined – A Critical Threshold Question -
Establishing Undue Hardship Is Possible: Wilcox v. University of British Columbia and others, 2014 BCHRT 228
December 2014
A recent decision of the B.C. Human Rights Tribunal, Wilcox v. University of British Columbia and others, 2014 BCHRT 228, demonstrates that undue hardship is not an impossible threshold to meet, even for a large and diverse employer such as a university.
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Establishing Undue Hardship Is Possible: Wilcox v. University of British Columbia and others, 2014 BCHRT 228 -
Do You Speak My Language? Language Proficiency as a Potentially Unforeseen Human Rights Risk
December 2014
Many employers which have business operations that require a high and proficient level of communication struggle with the English language abilities of their employees.
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Do You Speak My Language? Language Proficiency as a Potentially Unforeseen Human Rights Risk -
Equal, not Better, Treatment: Accommodating Employees with Disabilities
November 2014
In Jardine v. Costco Wholesale Canada, 2014 BCHRT 214, the employer was able to accommodate an employee, while holding its ground on certain requests from the employee.
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Equal, not Better, Treatment: Accommodating Employees with Disabilities -
B.C. Employers Need a “Reasonable Basis” to Conduct Employee Surveillance: Unifor, Local 433 v. Crown Packaging Ltd. (Giesbrecht Grievance), 2014 B.C.C.A.A.A. No. 43 (Dorsey)
November 2014
Unifor, Local 433 v. Crown Packaging Ltd. (Giesbrecht Grievance), [2014] B.C.C.A.A.A. No. 43 (Dorsey) is a recent arbitral decision considering the admissibility of surveillance evidence in British Columbia.
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B.C. Employers Need a “Reasonable Basis” to Conduct Employee Surveillance: Unifor, Local 433 v. Crown Packaging Ltd. (Giesbrecht Grievance), 2014 B.C.C.A.A.A. No. 43 (Dorsey) -
Disabled Employee Entitled to Equal Treatment, Not Better Treatment
October 2014
A recent case from the B.C. Human Rights Tribunal addressed the protections afforded to an employee who could no longer work at a full-time level on account of her disability. In particular, the issues of guaranteed hours of work and the right to full-time benefits were canvassed.
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Disabled Employee Entitled to Equal Treatment, Not Better Treatment -
Be Thorough, Thoughtful and Careful in the Accommodation Process: Rajigadu v. University of British Columbia (No. 3), 2014 BCHRT 157 (McCreary)
October 2014
Ron Rajigadu was employed as an electrician at the University of British Columbia (UBC). He filed a complaint with the B.C. Human Rights Tribunal, alleging that UBC discriminated against him on the basis of physical and mental disability by failing to accommodate him and terminating his employment.
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Be Thorough, Thoughtful and Careful in the Accommodation Process: Rajigadu v. University of British Columbia (No. 3), 2014 BCHRT 157 (McCreary) -
Employer Obligated to Accommodate Employee’s Childcare Obligations: Attorney General of Canada v. Johnstone
May 2014
In Attorney General of Canada v. Johnstone, 2014 FCA 110, the Federal Court of Appeal issued the latest decision in the long-running saga to determine the scope of family status protection under the Canadian Human Rights Act, R.S.C. 1985, c. H-6 (the “Act”).
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Employer Obligated to Accommodate Employee’s Childcare Obligations: Attorney General of Canada v. Johnstone