Resources: Labour

Too Little, Too Late: Just Cause Termination for Non-Culpable Absenteeism After Employer’s Repeated Requests for Medical Evidence Went Largely Unanswered

In District of Sparwoood v. CUPE, Local 2968 (P. Schafer Dismissal) (February 28, 2025), Arbitrator Ken Saunders upheld the just cause discharge of an employee who had been absent from work for over three years on a medical leave and failed to provide clear, current and credible medical evidence about his current and future ability to return to work, notwithstanding repeated requests.

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Too Little, Too Late: Just Cause Termination for Non-Culpable Absenteeism After Employer’s Repeated Requests for Medical Evidence Went Largely Unanswered

Employee Discharged for Lying to His Doctor and Employer

In Brewers Distributors Ltd v. Brewery, Winery and Distillery Workers, Service Employees International Union, Local 2, Branch Local 300 (Banwait Grievance), [2024] B.C.C.A.A.A. No. 115 (Sullivan), Arbitrator Christopher Sullivan agreed that the employer had just and reasonable cause to discharge the grievor from employment after he was untruthful about his medical restrictions.

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Employee Discharged for Lying to His Doctor and Employer

Employer Obligations on Election Day

A federal general election will be held on Monday, April 28, 2025.

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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Employer Obligations on Election Day

Workplace Psychological Claims – BC Supreme Court Narrows the “Labour Relations Exclusion”

On March 6, 2025, the BC Supreme Court released an important and lengthy decision regarding workplace psychological claims. This trial decision addresses the second part of James Pickering’s action for benefits under the Workers Compensation Act, R.S.B.C. 2019, c. 1 [WCA].  The first part of this proceeding, indexed as Pickering v. School District No. 38 (Richmond), 2021 BCSC 1497, was a judicial review of a decision of the Workers’ Compensation Appeal Tribunal (“WCAT”).

At trial, Mr. Pickering argued that two provisions of the WCA infringe his rights under s. 15 of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11 [Charter]. He said that those provisions, in combination, led to the denial of his mental disorder claim for workers’ compensation. In short, he argued that his claim was denied for reasons that are discriminatory.

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Workplace Psychological Claims – BC Supreme Court Narrows the “Labour Relations Exclusion”

Watching Out For Privacy: Limitations on Employer Video Surveillance

In Rehn Enterprises Ltd. v. United Steelworkers, Local 1-1937, 2024 CanLII 72130 (de Aguayo), Arbitrator Jacquie de Aguayo found numerous privacy and procedural breaches related to the installation of video surveillance in work vehicles.

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Watching Out For Privacy: Limitations on Employer Video Surveillance

Employer Obligations During Provincial Elections

A provincial election has been called in British Columbia.

This bulletin provides a brief overview of employer obligations to employees during advanced voting and on the final voting day.

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Employer Obligations During Provincial Elections

Health Spending Accounts Not Sufficient to Meet ESA Sick Leave Requirements

A British Columbia arbitral decision is the most recent in a developing line of authority cautioning BC employers that sick days conferred under the Employment Standards Act, R.S.B.C. 1996, c. 113 (the “ESA”) may be qualitatively different than sick leave benefits under a collective agreement.

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Health Spending Accounts Not Sufficient to Meet ESA Sick Leave Requirements

Good Accommodation Gone Wrong

In United Nurses of Alberta v. Alberta Health Services (MacKinnon Grievance), [2023] A.G.A.A. No. 10 (Asbell), the majority of an arbitration board awarded $10,000 in injury to dignity (human rights) damages for an employer’s failure to consistently and proactively accommodate a neurodivergent employee.

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Good Accommodation Gone Wrong

Collective Bargaining for Managers – An Alternate Universe?

On April 19, 2024 the Supreme Court of Canada published its decision in Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec 2024 SCC 13, As far as I can tell, it did not get much fanfare in labour relations circles.

Although the case arose in Quebec under the Quebec Labour Code, CQLR, c. C-27 the court’s reasoning will apply to provincial labour legislation across the country and to the Canada Labour Code.

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Collective Bargaining for Managers – An Alternate Universe?

BC Court of Appeal Confirms Canada Labour Code Termination Clause is Enforceable

In welcome news for employers, the B.C. Court of Appeal in Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222, has confirmed that a termination clause that incorporates the requirements of the Canada Labour Code by reference is enforceable and sufficient to displace the common law presumption of reasonable notice.  In doing so, the Court commented on conflicting decisions in other provinces and restated important principles of employment contract interpretation.  This case is important for employers in British Columbia and for federally-regulated employers in all provinces because the common law presumption of reasonable notice usually results in severance awards that far exceed the minimum notice and severance obligations under applicable employment standards legislation.

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BC Court of Appeal Confirms Canada Labour Code Termination Clause is Enforceable