Resources: Investigations
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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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Sick Leave Abuse: Unacceptable Even When Working From Home
July 19, 2021
Over the past year or so, most organizations have moved at least some of their workers to a work-from-home arrangement. In doing so, employers have placed trust in their workers to complete their tasks and be working as and when required.
In a recent decision Arbitrator Arne Peltz considered whether a worker who worked from home could be discharged for sick leave abuse.
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Search of Employee’s Private Social Media Amounts to Privacy Breach, “Tainting” Misconduct Investigation
March 24, 2021
In the recent case of Canadian Broadcasting Corporation v Canadian Media Guild, 2021 CanLII 761 (Slotnik), a BC arbitrator reinstated an employee who had been fired for cause after his employer, the CBC, discovered that he had leaked his concerns about the CBC’s policies to other news organizations.
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Arbitrator Upholds Discharge of Employee with Tobacco Addiction for Smoking at Work
February 12, 2021
In a recent B.C. case, West Fraser Mills Ltd. v. Northern Interior Woodworkers’ Assn. (Souter Grievance), [2020] B.C.C.A.A.A. No. 85 (Glass), an arbitrator upheld the discharge of an employee with a severe tobacco use disorder for smoking on site contrary to the employer’s policies.
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When to Fight and When to Fold: A Cautionary Tale for Employers That Defend a Wrongful Dismissal Claim on “Principle”
January 15, 2021
How do you convince a client that wants to defend a wrongful dismissal claim of the fact that its claim of just cause for termination is devoid of legal merit? You can start by showing it the reasons for decision in Hrynkiw v. Central City Brewers & Distillers Ltd., 2020 BCSC 1640, where the B.C. Supreme Court not only found in favour of the plaintiff but gave him everything he was asking for – including an order for costs.
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Leading Labour and Workplace Law Cases of 2020
January 12, 2021
With the upheaval and significant challenges and difficulties of 2020, some important labour and workplace law cases may not have been front of mind for employers and HR practitioners.
The following are what we consider to be among the top five cases of the last 12 to 18 months.
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Combative Conduct in the Workplace and the Duty to Inquire
April 2019
Tomasz Rutkowski, a unionized painter in the employer’s engineering department, filed a human rights complaint against his employer concerning its treatment of him in dealing with his mental disability. In Rutkowski v. Westin Bayshore Hotel and another, 2018 BCHRT 235, the B.C. Human Rights Tribunal (the “Tribunal”) dismissed the complaint.
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The Benefits Of Proactive Responses To Complaints Of Workplace Discrimination: Lessons From The Alberta Human Rights Commission
April 2019
A recent decision out of Alberta[1] details the value of proactive employer responses to claims of workplace discrimination as a defence to human rights complaints.
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