Resources: Labour

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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Statutory Changes to Collective Bargaining Framework in British Columbia

The laws that govern both unionized and non-unionized workplaces in British Columbia are changing. Bill 8, the Employment Standards Amendments Act, 2019, received its first reading in the B.C. Legislature on April 29, 2019. On the following day, Bill 30, the Labour Relations Code Amendment Act, also was tabled for its first reading.

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Final Amendments to the B.C. Labour Relations Code, Now in Effect!

Further to our May 2, 2019, update, on May 30, 2019 the Provincial Government passed Bill 30-2019, Labour Relations Code Amendment Act, 2019.  Everything in the First Reading was accepted, save for a change to the construction industry raid period.

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Proposed Amendments to the B.C. Labour Relations Code, First Reading

In late-2018, the Panel appointed by the Provincial Government issued a Report recommending amendments to the Labour Relations Code.

On April 30, 2019 the Minister of Labour, Honourable Harry Bains, tabled Bill 30-2019, Labour Relations Code Amendment Act, 2019 for first reading.  The Bill contains most of the recommendations in the Panel’s Report, including:

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Combative Conduct in the Workplace and the Duty to Inquire

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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Safety v. Privacy: Finding the Balance with Video Surveillance

Arbitrator Ken Saunders’ recent decision in Lafarge Canada Inc. v. Teamsters, Local Union No. 213 (In-Cab Camera Grievance), [2018] B.C.C.A.A.A. No. 51 (Saunders) is instructive for employers considering the use of video surveillance in their workplace.

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Oh No That Is Our Employee In the Headlines!

Reputation is only a candle, of wavering and uncertain flame, and easily blown out, but it is the light by which the world looks for and finds merit. – James Russell Lowell

Imagine one day you were reading the weekend newspaper and discover one or more of your employees is engaged in activities that are not consistent with the good standing of the employer. What do you do?

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Government of Canada Introduces Major Changes to Canada Labour Code and Creates Federal Pay Equity Obligations

Recently, the Federal Government tabled, for first reading, Bill C-86 that, assuming it passes in its current form, will (i) significantly alter federally regulated employers’ obligations under the Canada Labour Code and (ii) create a new federal pay equity regime.  A flavour of the key changes included in Bill-C-86 is provided here.

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An Employer’s Duty to Provide a Discrimination-Free Workplace

A recent B.C. Human Rights Tribunal decision serves to remind employers of their duty to provide a discrimination-free workplace.

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B.C. Labour Code Review 2018: A Summary of Recommended Changes and Next Steps

On October 25, 2018, the Government of BC released the long anticipated Section 3 Report concerning proposed changes to the Labour Relations Code of BC. A three person panel was appointed in February of 2018 to conduct a public consultation and recommend amendments to the Code.

The significant proposed changes are summarized.

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