Resources: Human Rights

  • Equal, not Better, Treatment: Accommodating Employees with Disabilities

    November 2014

    by Michael R. Kilgallin

    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.

     

     

    Read More +

  • 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

    by Danielle Scorda

    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.

    Read More +

  • Disabled Employee Entitled to Equal Treatment, Not Better Treatment

    October 2014

    by Michael R. Kilgallin

    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.

     

    Read More +

  • Be Thorough, Thoughtful and Careful in the Accommodation Process: Rajigadu v. University of British Columbia (No. 3), 2014 BCHRT 157 (McCreary)

    October 2014

    by Gabrielle Scorer

    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.

     

    Read More +

  • Employer Obligated to Accommodate Employee’s Childcare Obligations: Attorney General of Canada v. Johnstone

    May 2014

    by Jennifer Devins

    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”).

    Read More +

  • Ontario Employer Not Liable for Harassing Conduct between Employees

    May 2014

    by Delayne Sartison K.C.

    The Ontario Human Rights Tribunal recently made an interesting finding with respect to an employer’s limited responsibility for harassing conduct between employees in Baker v. Twiggs Coffee Roasters, 2014 HRTO 460 (Carey).

    Read More +

  • A Cautionary Tale When Dismissing an Older Employee

    February 2014

    by Sandra Guarascio

    Aging and the lack of capacity to perform work can be inextricably linked but the dismissal of an older worker, even where there are performance concerns, must be handled with extreme care to avoid exposure to human rights complaints.

     

    Read More +

  • 2013 Ends with a Bang: $75,000 Award for Injury to Dignity Sets High Water Mark

    January 2014

    by Michael Wagner

    Kelly v. University of British Columbia (No. 4), 2013 BCHRT 302, was released on December 17, 2013. In it, the B.C. Human Rights Tribunal (the “Tribunal”) decided the appropriate remedy for the discrimination it had found in an earlier decision.

    Read More +

  • 1 9 10 11