Resources: Labour
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Gender Identity + Expression
November 15, 2021
On October 28, my colleague Alissa Demerse and I presented on a very important topic in today’s climate: Gender Identity and Expression. In this webinar, we provided an overview of the topic, reviewed a number of key cases and outlined “do’s and do not’s” for employers. Here is a summary.
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BC Labour Relations Board Finds No Anti-Union Animus in Discharge of 30-Year Employee During Organizing Drive
October 18, 2021
In Re RMC Ready-Mix Ltd., 2021 BCLRB 99, Vice-Chair Andres Barker of the BC Labour Relations Board held that the discharge of a 30-year employee (“the Employee”) did not amount to an unfair labour practice under the Labour Relations Code as alleged by the union.
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Be Careful What You Say: Discharge for Bad Faith Accusations Against Supervisor Upheld
October 12, 2021
In Teck Coal Ltd. v. United Steel, Paper and Forestry, Rubber, Manufacturing Energy, Allied Industrial and Service Workers International Union, Local 7884 (Lybacki Grievance), [2021] B.C.C.A.A.A. No. 114 (Glass), Arbitrator Nicholas Glass dismissed a union grievance concerning the discharge of two employees, Lybacki and Sandberg, from their maintenance positions at Teck Coal’s Fording River mine.
The two were terminated from employment after falsely accusing their supervisor, Hennessey, of being under the influence of alcohol while at work.
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“Proud” Employee Awarded Half a Year of Notice and Aggravated Damages After Just Two Months of Work
October 6, 2021
Shahram Younesi knew something was not right when he walked into a meeting and his managers were standing up. They proceeded to terminate his employment after just two months of work. When he asked why, he was told that he was not a competent engineer or a good manager, and that he embarrassed the company. He was offered one month of pay in lieu of notice and asked to immediately sign a letter to confirm his acceptance of those terms. He refused and ultimately sued.
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Labour Protections Apply Even in Cases of Blatant Racism
September 27, 2021
In early July 2021, an employee of Coca Cola (the “Grievor” and “Employer” respectively) was discharged from employment for wearing a bandana with the Confederate flag and the words “The South Will Rise Again” printed on it.
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Tribunal Decision Underscores Flexible, Common Sense Approach to Accommodation
September 10, 2021
Consider this scenario: an employee suffers an injury at work, takes a medical leave, undergoes surgery and asks to return to work with significant restrictions on their ability to perform the basic tasks associated with the role. Most employers can relate to this scenario all too well and are familiar with the delicate balance that exists between the employer’s duty to accommodate and the point of undue hardship.
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Sick Leave Abuse: Unacceptable Even When Working From Home
July 19, 2021
Over the past year or so, most organizations have moved at least some of their workers to a work-from-home arrangement. In doing so, employers have placed trust in their workers to complete their tasks and be working as and when required.
In a recent decision Arbitrator Arne Peltz considered whether a worker who worked from home could be discharged for sick leave abuse.
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BC Arbitrator Orders “Make Whole” Remedy After Union Invokes Doctrine of Double Jeopardy
July 13, 2021
In School District No. 73 v. BCTF (Wasylik Grievance), a recent British Columbia labour arbitration case, Arbitrator Ken Saunders issued a supplementary award respecting remedy after finding that the union had properly invoked the labour relations doctrine of double jeopardy to bar the grievor’s just cause dismissal.
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