Resources: Human Rights

The BC Human Rights Commissioner Weighs in on Mandatory COVID-19 Vaccination Policies

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

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

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

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

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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Employer Response to Racial Slur Found Reasonable by Human Rights Tribunal

A recent BC human rights case demonstrates the importance of employers taking meaningful action in response to complaints of racial harassment.

In Raul Martinez Johnson v. Whitewater Concrete Ltd. and Matias Pacheco and Miguel Pacheco and Nicolas Pacheco (No. 2), 2022 BCHRT 129, the employer’s response to a complaint eliminated an award of lost wages, despite a finding of discrimination.

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Ontario Court of Appeal Finds School Board Breached Section 8 of the Charter When Disciplining Grievors for Personal Document Left Open on School Computer

In Elementary Teachers Federation of Ontario v. York Region District School Board, 2022 ONCA 476, the Ontario Court of Appeal held that a school principal and the school board for which he worked had breached the employee right to be free of unreasonable search and seizure under the Canadian Charter of Rights and Freedoms (the “Charter”) when the principal went through a teacher’s personal document on a school laptop.

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Show Me The Money – Pay Transparency Act

British Columbia’s Minister of Finance introduced Bill 13, the Pay Transparency Act on March 7, 2023 (“Bill 13”). Bill 13 received its third reading in the BC legislature on April 25, 2023 and received Royal Assent on May 11, 2023 with the exception of section 2 of the Act, which will pass into law on November 1, 2023. Regulations are expected to be drafted over the summer of 2023.

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Modern Family (Status): Court of Appeal Clarifies Test for Family Status Discrimination in B.C.

A five-justice division of the B.C. Court of Appeal has just issued an important, unanimous decision on the applicable test to address claims of discrimination in employment with respect to family status (caregiving obligations).

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Just Cause “Cancellation”?

Ever since the #MeToo movement, “cancel culture” has gained momentum, seeking to hold individuals accountable for abuses of power as well as sexual harassment and assault – in both the past and present. The decision in Ottawa Jewish Community School Teachers’ Assn. v. Ottawa Jewish Community School (Cianni Grievance), 2022 O.L.A.A. No 113 (Tremayne) examines the trend of “cancelling” individuals for past misconduct in the context of a just cause termination.

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