Resources: Labour

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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Significant Changes Coming in 2023 for BC’s Freedom of Information and Protection of Privacy Act

The Provincial government has recently confirmed the latest in a series of long-anticipated and significant changes to BC’s Freedom of Information and Protection of Privacy Act (“FIPPA”). As of February 1, 2023, two new sections of FIPPA and associated regulations will come into force.

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Lessons from Selling Sunset, Part Three: Workplace Relationships

What better way to end our three-part series on employment law lessons learned from watching Netflix’s Selling Sunset than to talk about romantic relationships in the workplace. As always, there are spoilers ahead.

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‘Tis the Season to Avoid Folly: Treats and Tidbits for a Successful Christmas or Holiday Party

Employers that organize and host Christmas or holiday parties and similar work-related social events have a number of legal responsibilities. They can be held liable for not taking adequate precautions to protect their employees from foreseeable and preventable harm.

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Sex and Family Status Discrimination Substantiated by Employer’s Preference for Replacement Employee

In LaFleche v. NLFD Auto Ltd. dba Prince George Ford (No. 2), 2022 BCHRT 88, the BC Human Rights Tribunal (the “Tribunal”) awarded $78,625 to a complainant after finding that she suffered a work-related disadvantage because she was pregnant.

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Arbitrator Confirms Precautionary Approach Appropriate in Times of Scientific Uncertainty

On July 11, 2022, Arbitrator Randy Noonan released his decision in Coca Cola Canada Bottling Inc. -and- Teamsters Local 213, B.C.C.A.A.A. No. 69 (Noonan).  It concerned the reasonableness of Coca Cola’s mandatory vaccination policy (the “Vaccination Policy”). Although the policy is a national one, the dispute before the arbitrator related to the unionized hourly employees working out of four sites in the Lower Mainland of British Columbia.

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Calculating Damages for Unjustly Dismissed Federally Regulated Employee

The Canada Labour Code is a unique creature. Unlike non-union provincially regulated employees in most Canadian jurisdictions, federally regulated employees who have more than 12 months’ service and who are not managers, are protected from without cause termination in most circumstances. How then to calculate an entitlement to damages for an employee who is unjustly dismissed in contravention of the Code, given the breach of that added protection?

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