Resources: Human Rights
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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)
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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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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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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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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Ontario Employer Not Liable for Harassing Conduct between Employees
May 2014
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).
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A Cautionary Tale When Dismissing an Older Employee
February 2014
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.
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2013 Ends with a Bang: $75,000 Award for Injury to Dignity Sets High Water Mark
January 2014
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.
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