Resources: Labour

Employer Restructuring and Transitions: An Important Contextual Factor in Constructive Dismissals

In Costello v. ITB Marine Group Ltd., 2021 BCCA 154, the BC Court of Appeal upheld a trial judge’s finding that the plaintiff had not been constructively dismissed from her employment when some of her employment duties were changed as a result of her employer’s restructuring.

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Gender Identity + Expression

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

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

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

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

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

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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Employer Obligations on Election Day

A federal general election will be held on Monday, September 20, 2021.

As a service to our clients, we are publishing this bulletin on the obligations owed by employers to their employees on election day.

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Sick Leave Abuse: Unacceptable Even When Working From Home

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

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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