Resources: Privacy + FOI

Is a Complainant No Longer Required to Show that Conduct was “Objectively Unwelcome” to Substantiate a Claim of Sexual Harassment?

In the recent decision of Ms. K. v. Deep Creek Store and another, 2021 BCHRT 158, the BC Human Rights Tribunal (the “Tribunal”) declined to follow a long line of human rights case law which requires a complainant to show that conduct was “objectively unwelcome” to substantiate a claim of sexual harassment.

This decision represents a break from the established jurisprudence and should be of interest to employers faced with a claim of sexual harassment in the workplace.

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Is This Thing On?: Surreptitious Recording Can Constitute Just Cause for Dismissal

Your employee places their cellphone on the table as they sit down for the meeting, angling it slightly towards you. You wonder – is this meeting being recorded?

The ubiquity of cellphones means that HR professionals should assume all conversations with employees are being recorded. But are there any consequences for employees who secretly record conversations with colleagues?

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Insolence, Insubordination and After-Acquired Evidence of Just Cause

On November 9, 2021, the B.C. Supreme Court released its decision in the case of Golob v. Fort St. John (City), 2021 BCSC 2192.

The case concerned a wrongful dismissal claim against the City of Fort St. John by its former Deputy Fire Chief.

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Clarification to Law of Employee Surveillance

Elevator law, according to one colleague and despite our best attempts to intervene, has its ups and downs. It has a unique set of characteristics, including its own elevator union (the International Union of Elevator Constructors (IUEC)), industry-specific collective agreements and a workforce of largely independent technicians.

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Can I Quit and Start Competing: Dispute Born of Competing Fertility Clinics

Genesis Fertility Inc. v. Yuzpe 2021 BCCA 420 has it all: intrigue, betrayal and even a “shotgun.” In addition, it has some useful takeaways for employers who are navigating employee relations in times of significant organizational change.

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Arbitrators Consider Vaccination Policies

In the past few weeks, arbitrators have begun to issue decisions considering the reasonableness of COVID-19 vaccination policies in unionized workplaces. The following three decisions out of Ontario provide some key takeaways for employers.

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British Columbia Passes Bill 22 – Freedom of Information and Protection of Privacy Amendment Act, 2021

On October 19, 2021, we wrote about the proposed changes to B.C.’s Freedom of Information and Protection of Privacy Act contemplated in Bill 22 – 2021.

Bill 22 – 2021 passed on November 25, 2021, enacting a number of significant changes to the privacy legislation governing public bodies. The Bill remained largely unchanged from earlier versions.

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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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British Columbia Announces Proposed Updates to the Freedom of Information and Protection of Privacy Act

On October 18, 2021, the Province announced significant proposed changes to the privacy legislation that governs public bodies. Bill 22-2021 is before the legislature and includes a number of modifications and updates.

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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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