Resources: Labour

Doctrine of Res Judicata: Applied with Reference to the Context

In the recent case of Kurik v. CAS Ventures Ltd, 2023 BCSC 488, the B.C. Supreme Court considered the doctrine of res judicata in the context of related claims – one being pursued in the courts and the other having already been pursued before the B.C. Employment Standards Tribunal. The Court ultimately declined to strike the pleadings on the basis of res judicata, and allowed the civil claim to continue.

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Employer Response to Racial Slur Found Reasonable by Human Rights Tribunal

A recent BC human rights case demonstrates the importance of employers taking meaningful action in response to complaints of racial harassment.

In Raul Martinez Johnson v. Whitewater Concrete Ltd. and Matias Pacheco and Miguel Pacheco and Nicolas Pacheco (No. 2), 2022 BCHRT 129, the employer’s response to a complaint eliminated an award of lost wages, despite a finding of discrimination.

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Amendments to BC ESA Require All Employers to Provide National Day for Truth and Reconciliation Regardless of Collective Agreement Language

On March 9, 2023 and as summarized in a previous article, the Provincial Government of British Columbia passed Bill 2, which recognizes National Day for Truth and Reconciliation (“NDTR”) on September 30^th of each year as a statutory holiday. At the time, we advised that for employers with a unionized workplace, the effect of Bill 2 would vary based on collective agreement language, as statutory holidays are subject to a ‘meet or exceed’ test under the B.C. Employment Standards Act.

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Show Me The Money – Pay Transparency Act

British Columbia’s Minister of Finance introduced Bill 13, the Pay Transparency Act on March 7, 2023 (“Bill 13”). Bill 13 received its third reading in the BC legislature on April 25, 2023 and received Royal Assent on May 11, 2023 with the exception of section 2 of the Act, which will pass into law on November 1, 2023. Regulations are expected to be drafted over the summer of 2023.

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Modern Family (Status): Court of Appeal Clarifies Test for Family Status Discrimination in B.C.

A five-justice division of the B.C. Court of Appeal has just issued an important, unanimous decision on the applicable test to address claims of discrimination in employment with respect to family status (caregiving obligations).

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Just Cause “Cancellation”?

Ever since the #MeToo movement, “cancel culture” has gained momentum, seeking to hold individuals accountable for abuses of power as well as sexual harassment and assault – in both the past and present. The decision in Ottawa Jewish Community School Teachers’ Assn. v. Ottawa Jewish Community School (Cianni Grievance), 2022 O.L.A.A. No 113 (Tremayne) examines the trend of “cancelling” individuals for past misconduct in the context of a just cause termination.

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Arbitrator Allows Religious-Based Exemption From Covid-19 Mandatory Vaccination Policy

In the recent case of B.C. Rapid Transit Co. v. Canadian Union of Public Employees, Local 7000 (Morzhakov Grievance), [2022] B.C.C.A.A.A. No. 114 (Noonan), Arbitrator Randall Noonan held that an employer violated an employee’s rights under the B.C. Human Rights Code when it refused to grant a religious accommodation in relation to its COVID-19 mandatory vaccination policy.

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British Columbia Passes Legislation Recognizing National Day for Truth and Reconciliation as a Statutory Holiday

On March 9, 2023, Bill 2, the National Day for Truth and Reconciliation Act, received royal assent. Bill 2 recognizes National Day for Truth and Reconciliation (“NDTR”) on September 30 of each year as a statutory holiday.

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Failure to Launch: A Cautionary Tale for Employers Arising from Chu v. China Southern Airlines Co. (c.o.b. China Southern Airlines), 2023 BCSC 21

The British Columbia Supreme Court recently issued a scathing decision that serves as a warning to all employers about what not to do when purporting to terminate an employee for just cause.

Overall, the employer’s actions attracted $150,000 in aggravated, punitive and bad faith damages, approximately three times the value of the wrongful dismissal damages (i.e. severance) awarded.

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Spotlight on Section 64 – Group Terminations

On January 6 and 9 2023, two unrelated decisions were released dealing with s. 64 (Group Terminations) of the BC Employment Standards Act (“ESA”).

The first was a decision from the BC Supreme Court, which addressed an argument that a termination clause in the employment agreement of a non-union employee was unenforceable because it did not refer to the group notice requirements of s. 64.

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