Resources: Labour

Employer Obligations on General Voting Day: 2020 Provincial General Election

A Provincial General Election will take place in British Columbia on Saturday, October 24, 2020 (“General Voting Day”).

The B.C. Election Act imposes certain obligations on employers to ensure that their employees have sufficient time free from work to exercise their right to vote.  As a service to our clients and other interested parties, we are publishing this bulletin to help employers understand the scope of these obligations.

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If You Want to Collect and Use Employee Personal Information for Disciplinary Purposes, You Better Make Sure It’s Done Properly Or You Could Be Liable for Damages

In a preliminary decision, a B.C. arbitrator confirmed his authority to award damages for an employer’s breach of the provisions of B.C.’s Personal Information Protection Act (“PIPA”) relating to the collection and use of employee personal information.

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A New Framework for North American Labour Rights: The Future Impact of Chapter 23 of the USMCA

While Canadian businesses are still reacting to changes wrought by the COVID-19 pandemic, the coming into force of the United States-Mexico-Canada Agreement (the “USMCA”) on July 1^st, 2020 may have an equally significant impact on recovery and expansion goals throughout this decade.

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Changes to the Workers Compensation Act Now in Effect

Bill 23, which introduces significant changes to the Workers Compensation Act (the “Act”), received royal assent on August 14, 2020. The Act contains 34 provisions including changes relating to compensation, assessment, and occupational health and safety matters. Bill 23 was tabled by Minister of Labour, Harry Bains, on  July 14, 2020, and was previously discussed in our July 21,2020, update.

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B.C. Government Proposes Significant Changes to the Workers Compensation Act

On July 14, 2020, the Minister of Labour tabled Bill 23, Workers’ Compensation Amendment Act, 2020 which proposed a number of significant changes to the Workers Compensation Act, RSBC 2019, c. 1 (the “Act”).  The Act itself was already revised significantly earlier this year in an organizational revision which primarily reorganized the provisions and made minor alterations to wording.

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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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