Resources: Labour

  • Statutory Changes to Collective Bargaining Framework in British Columbia

    June 2019

    by Mike Hamata

    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!

    May 2019

    by Michael R. Kilgallin

    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

    May 2019

    by Michael R. Kilgallin

    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

    April 2019

    by Melissa Dhillon

    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

    March 2019

    by Jacqueline D. Gant

    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!

    February 2019

    by Gregory J. Heywood

    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

    November 2018

    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

    November 2018

    by Brandon Hillis

    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

    October 2018

    by Mike HamataGregory J. Heywood

    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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  • Tailored Pre-Employment Testing Given the Green Light

    October 2018

    by Michael R. Kilgallin

    In BC Hydro and Power Authority -and- International Brotherhood of Electrical Workers, Local 258 (Arbitrator John Hall) (May 23, 2018), the employer implemented a pre-employment drug and alcohol testing requirement for new applicants applying for safety-sensitive positions under the hiring hall provision of the collective agreement.

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