Resources: Labour

Demotion As Discipline

In the recent decision of Coquitlam Public Library v. Canadian Union of Public Employees, Local 561 (L. Levesque Grievance) [2021], arbitrator Christopher Sullivan reinstated the grievor, substituting a permanent demotion in place of termination.

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Accessible British Columbia Act

The Accessible British Columbia Act (the “Act”) received royal assent on June 17, 2021.

The new legislation requires government and prescribed organizations to establish an accessibility committee for the purpose of identifying, removing and preventing barriers which hinder the full and equal participation in society of persons with disabilities.

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Record-Setting Damages Awarded by B.C. Human Rights Tribunal Following Racial Discrimination

On January 28, 2021, the former Chair of the B.C. Human Rights Tribunal, Diana Juricevic, issued her decision respecting remedy after finding that the Government of British Columbia discriminated and retaliated against a corrections officer contrary to the B.C. Human Rights Code (the “Remedy Decision”).

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Managing Mental Health in the Workplace

Employers often face unique challenges when dealing with employees who suffer from mental health issues. This article highlights the essential points of an employer’s duty to accommodate employees with mental disabilities in the workplace.

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Search of Employee’s Private Social Media Amounts to Privacy Breach, “Tainting” Misconduct Investigation

In the recent case of Canadian Broadcasting Corporation v Canadian Media Guild, 2021 CanLII 761 (Slotnik), a BC arbitrator reinstated an employee who had been fired for cause after his employer, the CBC, discovered that he had leaked his concerns about the CBC’s policies to other news organizations.

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Discharge Upheld for Employee Who Violated Employer’s COVID-19 Policies

In Labourers’ International Union of North America, Loc. 183 v. AECON Industrial, 2020 CanLII 91950 (ON LA) (Carrier), the discharge of an employee who attended work after exhibiting COVID-19 symptoms and contrary to his employer’s direction was upheld.  This decision offers a firm rebuke against conduct which potentially puts other employees at risk of contracting the virus, and provides employers with strong support for issuing significant discipline in response to that kind of misconduct.

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The Test for Toxicity: What Constitutes a Poisoned Workplace?

With the recent report of a toxic work environment at Rideau Hall and the subsequent resignation of former Governor General Julie Payette, the issue of what constitutes a poisoned workplace is front of mind for many employers. When are interpersonal tensions and conflict between colleagues “normal”?  When do they rise to the level of “toxic” and trigger rights to legal recourse and remedies?

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Arbitrator Upholds Discharge of Employee with Tobacco Addiction for Smoking at Work

In a recent B.C. case, West Fraser Mills Ltd. v. Northern Interior Woodworkers’ Assn. (Souter Grievance), [2020] B.C.C.A.A.A. No. 85 (Glass), an arbitrator upheld the discharge of an employee with a severe tobacco use disorder for smoking on site contrary to the employer’s policies.

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A Tale of Two Documents

Employers and HR professionals have become increasingly alive to the requirement to document misconduct and build the case for termination of employment. Sometimes, we do not intend to go that far, and only plan to issue a letter of expectations.  The best of intentions, however, can go awry and we can overstep.  While our notes to file may always be a blow to the employee, they can have more force than intended if we are not mindful of the distinction between administration and discipline.

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Leading Labour and Workplace Law Cases of 2020

With the upheaval and significant challenges and difficulties of 2020, some important labour and workplace law cases may not have been front of mind for employers and HR practitioners.

The following are what we consider to be among the top five cases of the last 12 to 18 months.

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