Resources: Human Rights
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“It Don’t Matter If You’re Black Or White”*… It’s Illegal to Discriminate
December 2018
In 1991, Michael Jackson’s hit single, “Black or White”, topped the Billboard Hot 100 just three weeks after its release. Perhaps it was the universally positive anti-racism message, as much as the music itself that propelled its popularity. Regardless, one would have thought that by 2018 it would have been well understood that the fact that an employee was white/Caucasian does not create a defence for an employer’s racist conduct. Sadly, Spruce Hill Resort and Kin Wa Chan must not have been Michael Jackson fans.
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“Investigation is the New Arbitration”: Thoughts on Our Changing Workplaces
July 2018
Every seasoned human resources professional is aware that “investigation is the new arbitration”. When addressing issues of all but the most serious and blatant misconduct, employers are now routinely counselled that if they shoot first and ask questions later, they do so at their peril.
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Introducing The Smell Test: Disciplining An Employee For Body Odour
July 2018
Summer is here. And with it comes the awkward but very real workplace issue of employee hygiene. The question is, what can employers do about an employee with body odour and hygiene issues? A recent decision of the BC Human Rights Tribunal, Southwell v. CKF Inc., 2017 BCHRT 83 (“Southwell”) provides guidance.
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Perception of Retaliation Does Not Breach the Human Rights Code
June 2018
In Gichuru v. Pallai, 2018 BCCA 78, the most recent decision in the long-running saga between an individual and his former landlord, the BC Court of Appeal clarified the test for retaliation under section 43 of the BC Human Rights Code, R.S.B.C. 1996, c. 210 (the “Code”).
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Failing a Breathalyzer Test in a Company Vehicle: Just Cause for Dismissal?
June 2018
The B.C. Supreme Court recently determined in Klonteig v. District of West Kelowna, 2018 BCSC 124 that an assistant fire chief was wrongfully dismissed when his employer terminated his employment after he failed two breathalyzer tests while driving his employer’s vehicle.
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Protection from Patrons: Protecting Employees from Sexualization in the Workplace
April 2018
Employers have a duty to protect employees from sexualization in the workplace by patrons and customers, even if that means removing or banning individuals with an alleged mental disability from their facilities or place of business.
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Protection from Patrons: Protecting Employees from Sexualization in the Workplace
April 2018
Employers have a duty to protect employees from sexualization in the workplace by patrons and customers, even if that means removing or banning individuals with an alleged mental disability from their facilities or place of business.
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Law Professor’s Human Rights Complaint Against University of British Columbia Dismissed
February 2018
More than a year after the merits of Ms. McCue’s complaint were heard, the B.C. Human Rights Tribunal (the “Tribunal”) has dismissed this case in its entirety. The 300+ page decision contains important discussion about various topics including the Tribunal’s jurisdiction, prima facie discrimination, workplace accommodation, cultural obligations, complainant obligations, and the duty to inquire.
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