Resources: Human Rights
-
Which Absences Properly “Count” for Attendance Management
December 2017
The Federal Court of Appeal recently overturned a decision of the Public Service Labour Relations and Employment Board (the “Board”) concerning the National Attendance Management Policy (NAMP) promulgated by Correctional Service Canada (CSC) for its unionized employees: Bodnar v. Treasury Board (Correctional Service of Canada), 2017 FCA 171.
Read More +
Which Absences Properly “Count” for Attendance Management -
When Human Rights Collide . . . Take Reasonable and Practical Steps to Minimize the Harm
October 2017
From time to time, employers will find themselves faced with circumstances where taking steps to avoid discriminating against a customer or client under the Human Rights Code will have the unintended result of the employer discriminating against its employees. That is the situation Victoria Taxi faced in the B.C. Court of Appeal’s recent decision, McCreath v. Victoria Taxi (1987) Ltd.
Read More +
When Human Rights Collide . . . Take Reasonable and Practical Steps to Minimize the Harm -
BC Court of Appeal Restores Human Rights Tribunal Decision to Dismiss Complaint
October 2017
In Francescutti v. Vancouver (City), 2017 BCCA 242, the British Columbia Court of Appeal restored a human rights tribunal decision to dismiss a complaint brought by a former City of Vancouver employee. The decision provides useful support for the ability of a respondent to succeed on an application to dismiss a complaint, despite the presence of some conflicting facts raising issues of credibility.
Read More +
BC Court of Appeal Restores Human Rights Tribunal Decision to Dismiss Complaint -
Complaints by Cisgendered Men Alleging Discrimination on Grounds of Gender Identity or Expression Dismissed by Ontario Human Rights Tribunal
July 2017
The B.C. Human Rights Code was amended in mid-2016 to include “gender identity or expression” as protected grounds. As of the date this article was written, the B.C. Human Rights Tribunal has not interpreted or applied the amendment in any of its decisions.
Read More +
Complaints by Cisgendered Men Alleging Discrimination on Grounds of Gender Identity or Expression Dismissed by Ontario Human Rights Tribunal -
Supreme Court of Canada Upholds Dismissal of Cocaine Addicted Worker
June 2017
On June 6, 2017, the Supreme Court of Canada dismissed an appeal from the Alberta Court of Appeal. The majority decision was written by Chief Justice McLachlin.
Read More +
Supreme Court of Canada Upholds Dismissal of Cocaine Addicted Worker -
A Haphazard Sexual Harassment Investigation – What Could Possibly Go Wrong?
May 2017
Melissa Doyle, a well-educated woman who had worked with Zochem Inc. for nine years, supervised an all-male group of refinery workers. The workplace culture was dominated by the Maintenance Supervisor’s “male locker room” mentality. On his office walls were pictures of scantily clad women. He expected Ms. Doyle to act like “one of the boys”, by sharing details of her dating life, laughing at his lewd jokes and engaging in otherwise unwelcome sexual banter.
Read More +
A Haphazard Sexual Harassment Investigation – What Could Possibly Go Wrong? -
Non-Culpable or Innocent Absenteeism?
February 2017
In the recent arbitration decision of Vancouver Coastal Health Authority v. Hospital Employees’ Union, Arbitrator John Sanderson, Q.C. upheld a grievor’s dismissal for non-culpable or innocent absenteeism because he failed to show he could attend at work regularly in the foreseeable future and the accommodation process was exhausted.
Read More +
Non-Culpable or Innocent Absenteeism? -
Is This the New Standard For Family Status Discrimination?
February 2017
It is now accepted that “family status” protections under human rights legislation cover persons who are in a parent-child relationship, as well as the obligations which flow from that relationship, such as child or elder care.
Read More +
Is This the New Standard For Family Status Discrimination? -
Labour Arbitration Preferred Over Human Rights Adjudication
January 2017
A recent decision out of Manitoba, Northern Regional Health Authority v. Manitoba (Human Rights Commission), 2016 MBQB 89, examines the overlapping jurisdiction between labour arbitration boards and human rights tribunals with respect to complaints of prohibited discrimination in employment.
Read More +
Labour Arbitration Preferred Over Human Rights Adjudication -
Discrimination Based On Religion In Not Hiring Unqualified Applicant
January 2017
On March 2, 2016, the BC Human Rights Tribunal issued the last of four decisions involving a complaint of discrimination against Amaruk Wilderness Corp. because it refused to hire the complainant, Bethany Paquette, as an assistant guide intern. Paquette alleged that she was denied employment on the basis of ancestry, religion and political belief. Her claim was brought against Amaruk and one of the company’s representatives.
Read More +
Discrimination Based On Religion In Not Hiring Unqualified Applicant