Resources: Human Rights

“Proud” Employee Awarded Half a Year of Notice and Aggravated Damages After Just Two Months of Work

Shahram Younesi knew something was not right when he walked into a meeting and his managers were standing up.  They proceeded to terminate his employment after just two months of work.  When he asked why, he was told that he was not a competent engineer or a good manager, and that he embarrassed the company.  He was offered one month of pay in lieu of notice and asked to immediately sign a letter to confirm his acceptance of those terms.  He refused and ultimately sued.

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Labour Protections Apply Even in Cases of Blatant Racism

In early July 2021, an employee of Coca Cola (the “Grievor” and “Employer” respectively) was discharged from employment for wearing a bandana with the Confederate flag and the words “The South Will Rise Again” printed on it.

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Tribunal Decision Underscores Flexible, Common Sense Approach to Accommodation

Consider this scenario: an employee suffers an injury at work, takes a medical leave, undergoes surgery and asks to return to work with significant restrictions on their ability to perform the basic tasks associated with the role. Most employers can relate to this scenario all too well and are familiar with the delicate balance that exists between the employer’s duty to accommodate and the point of undue hardship.

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Employer Obligations on Election Day

A federal general election will be held on Monday, September 20, 2021.

As a service to our clients, we are publishing this bulletin on the obligations owed by employers to their employees on election day.

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BC Arbitrator Orders “Make Whole” Remedy After Union Invokes Doctrine of Double Jeopardy

In School District No. 73 v. BCTF (Wasylik Grievance), a recent British Columbia labour arbitration case, Arbitrator Ken Saunders issued a supplementary award respecting remedy after finding that the union had properly invoked the labour relations doctrine of double jeopardy to bar the grievor’s just cause dismissal.

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Demotion As Discipline

In the recent decision of Coquitlam Public Library v. Canadian Union of Public Employees, Local 561 (L. Levesque Grievance) [2021], arbitrator Christopher Sullivan reinstated the grievor, substituting a permanent demotion in place of termination.

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Accessible British Columbia Act

The Accessible British Columbia Act (the “Act”) received royal assent on June 17, 2021.

The new legislation requires government and prescribed organizations to establish an accessibility committee for the purpose of identifying, removing and preventing barriers which hinder the full and equal participation in society of persons with disabilities.

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Record-Setting Damages Awarded by B.C. Human Rights Tribunal Following Racial Discrimination

On January 28, 2021, the former Chair of the B.C. Human Rights Tribunal, Diana Juricevic, issued her decision respecting remedy after finding that the Government of British Columbia discriminated and retaliated against a corrections officer contrary to the B.C. Human Rights Code (the “Remedy Decision”).

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Managing Mental Health in the Workplace

Employers often face unique challenges when dealing with employees who suffer from mental health issues. This article highlights the essential points of an employer’s duty to accommodate employees with mental disabilities in the workplace.

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The Test for Toxicity: What Constitutes a Poisoned Workplace?

With the recent report of a toxic work environment at Rideau Hall and the subsequent resignation of former Governor General Julie Payette, the issue of what constitutes a poisoned workplace is front of mind for many employers. When are interpersonal tensions and conflict between colleagues “normal”?  When do they rise to the level of “toxic” and trigger rights to legal recourse and remedies?

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