Resources: Human Rights
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Clarification to Law of Employee Surveillance
March 2, 2022
Elevator law, according to one colleague and despite our best attempts to intervene, has its ups and downs. It has a unique set of characteristics, including its own elevator union (the International Union of Elevator Constructors (IUEC)), industry-specific collective agreements and a workforce of largely independent technicians.
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Clarification to Law of Employee Surveillance -
Taking Away Important Responsibilities for Misconduct: Arbitrator Substitutes Permanent Disciplinary Demotion for Discharge
February 18, 2022
When considering potential discipline for poor performance, a novel labour arbitration decision suggests a demotion – a permanent disciplinary demotion – may be an appropriate response.
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Taking Away Important Responsibilities for Misconduct: Arbitrator Substitutes Permanent Disciplinary Demotion for Discharge -
Labour Law in the Time of Cholera
February 7, 2022
2020 was full of surprises, and 2021 continued to bring new challenges for the profession. Our corner of toil in the legal vineyards was not immune. For labour and employment lawyers, 2021 at times felt like a treadmill of legislative change, workplace vaccination policies (do not call it a mandate unless employers are forcibly injecting employees…), and helping employers plan to keep their workplaces safe.
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Labour Law in the Time of Cholera -
No More Tolerance for Covert Discrimination
January 11, 2022
Cybulsky v. Hamilton Health Sciences, [2021] O.H.R.T.D. No. 209 (Letheren) is a boundary-pushing case that shows a growing intolerance for sex or gender discrimination in the workplace, including covert sex or gender discrimination.
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BC Human Rights Tribunal Confirms that the Duty to Accommodate Does Not Extend to Providing Employees with Unproductive Work
December 8, 2021
In Kelly v. Saputo Dairy Products Canada, 2021 BCHRT 128, the BC Human Rights Tribunal dismissed a complaint made by a former employee claiming that his employer failed to take adequate steps to accommodate his disability.
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BC Human Rights Tribunal Confirms that the Duty to Accommodate Does Not Extend to Providing Employees with Unproductive Work -
Arbitrators Consider Vaccination Policies
December 7, 2021
In the past few weeks, arbitrators have begun to issue decisions considering the reasonableness of COVID-19 vaccination policies in unionized workplaces. The following three decisions out of Ontario provide some key takeaways for employers.
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Arbitrators Consider Vaccination Policies -
Gender Identity + Expression
November 15, 2021
On October 28, my colleague Alissa Demerse and I presented on a very important topic in today’s climate: Gender Identity and Expression. In this webinar, we provided an overview of the topic, reviewed a number of key cases and outlined “do’s and do not’s” for employers. Here is a summary.
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BC Labour Relations Board Finds No Anti-Union Animus in Discharge of 30-Year Employee During Organizing Drive
October 18, 2021
In Re RMC Ready-Mix Ltd., 2021 BCLRB 99, Vice-Chair Andres Barker of the BC Labour Relations Board held that the discharge of a 30-year employee (“the Employee”) did not amount to an unfair labour practice under the Labour Relations Code as alleged by the union.
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BC Labour Relations Board Finds No Anti-Union Animus in Discharge of 30-Year Employee During Organizing Drive -
“Proud” Employee Awarded Half a Year of Notice and Aggravated Damages After Just Two Months of Work
October 6, 2021
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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“Proud” Employee Awarded Half a Year of Notice and Aggravated Damages After Just Two Months of Work -
Labour Protections Apply Even in Cases of Blatant Racism
September 27, 2021
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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Labour Protections Apply Even in Cases of Blatant Racism