Resources: Labour

B.C. Human Rights Tribunal Reaffirms Requirements of Campbell River Test in Recent Family Status Discrimination Case

In Ziegler v. Pacific Blue Cross (No. 2), 2020 BCHRT 125, the B.C. Human Rights Tribunal dismissed a complaint made by a former employee claiming the employer had failed to accommodate her childcare needs. The case represents one of the first instances of the Tribunal applying the “Campbell River test” for discrimination in employment on the basis of family status following the confirmation of that test in Envirocon Environmental Services, ULC v. Suen, 2019 BCCA 46.

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Labour Relations Board Clarifies Notice and Consultation Obligations for Temporary Layoffs

The Labour Relations Board has issued an important policy decision clarifying when 60 days notice must be given, and consultation with the union must occur, where a temporary layoff is contemplated.

In Tolko Industries Ltd. and United Steelworkers Union Local 1-2017, 2020 BCLRB 57, issued on May 28, 2020, a reconsideration panel overturned the original panel’s decision that Tolko breached section 54 of the Labour Relations Code when it did not provide the Union with 60 days’ notice of a layoff.  

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Sunset Clause Couldn’t Save Employee From Consequences

In a recent B.C. case, Mission Hill Winery v. Service Employees International Union Local 2, Branch 300 (Crozier Grievance), [2019] B.C.C.A.A.A. No. 130 (Glass), Arbitrator Nicholas Glass upheld the discharge of an employee who made a major mistake – not once but twice — in spite of the presence of a sunset clause prohibiting consideration of disciplinary action within a particular timeframe.

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Not Every Failed Return to Work is a Failure of the Duty to Accommodate

In Gaucher v. Fraser Health Authority and others, 2019 BCHRT 243, the Human Rights Tribunal dismissed without a hearing the human rights complaint of a nurse regarding her attempts to return to work following an extended disability leave.  In reaching that decision, the Tribunal made several helpful comments about the scope of the duty to accommodate and what constitutes harassment under the Human Rights Code.

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Buyer Beware: The Labour Relations Board Deals With New Successorship Provisions in the BC Labour Relations Code

Bill 30 introduced new contract retendering successorship provisions in section 35 of the Labour Relations Code (the “Code”). Our firm has commented previously that the new provisions will have a significant impact on certain contractors in BC.

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Jail Sentences for Worker Fatalities: Will They or Won’t They?

Most employers are aware that the health and safety of their workers is one of the most important considerations on a worksite.  Across Canada, warnings have been issued to employers and their directors that accountability for workplace accidents and especially fatalities is increasing.  However, in the recent decision of Ontario (Labour) v. New Mex Canada Inc., 2019 ONCA 30, the Ontario Court of Appeal upheld a lower court‘s decision to overturn two jail sentences for directors following a workplace fatality.

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Employer Obligations on Election Day

A federal election will be held on Monday, October 21, 2019.

As a service to our clients and other interested parties, we are publishing this bulletin on the obligations owed by employers to their employees on election day.

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Canada Labour Code Amendments in Effect September 1: What You Need to Know

Federally-regulated employers take note:  significant changes to employment standards under the Canada Labour Code come into effect on September 1, 2019.

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A Most Canadian Caper:  The Tale of the Vaping Zamboni Driver

The legalization of cannabis has and will continue to affect a great number of things in our country — from policing to residential leasing to the air quality. Notwithstanding this significant shift in public policy, the legalization of cannabis has not impaired the rights of employers in this country to insist that employees report for work unimpaired by the use of drugs.  The legalization of cannabis has also brought about more stringent restrictions on driving after using cannabis.  This would presumably also apply to operating a Zamboni.

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Sober Second Thought Key to Proving Reasonable Cause for a Drug Test

Drug and alcohol testing has become both more common, and more accepted, in safety sensitive workplaces.  When an employee’s appearance, behaviour, speech, motor skills, or body odour suggest recent drug or alcohol use, an employer will have reasonable cause to require a drug and/or alcohol test to determine whether it is safe for the employee to be at work.  When an employee is involved in an accident or a near miss, post-incident drug and alcohol testing is appropriate to rule out impairment as a cause of the safety incident.

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