• Amendment to BC Labour Relations Code Increases Risks for Supply Chain and Businesses in BC During Federal Work Stoppages

    April 29, 2024

    by Andrew Nicholl

    Under the unassuming title – Bill 9, Miscellaneous Statutes Amendment Act, 2024 – the BC government has introduced a set of small but significant changes (the “Amendment”) to the BC Labour Relations Code (the “Code”). Specifically, it has amended the definition of “strike” and “person” under the Code so that, as explained in the information bulletin published on March 11, 2024.

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  • Settlement and Release: The Final Destination?

    April 24, 2024

    Early resolution of human rights matters results in many benefits, including opportunities for efficiency, lower cost and creativity. However, a signed release of legal claims and complaints may not be the end of the road.

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  • Jurisdictional Issues in Maritime Employment Law

    by Taylor Topliss

    The Federal Court of Canada’s recent decision in Konteft v. Lower Lakes Towing Ltd., 2024 FC 96 (CanLII) confirms that maritime employment law requires careful consideration of jurisdictional issues.

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  • B.C. Human Rights Tribunal Rules that Employer’s Decision to Dismiss College Instructor for “Deeply Intolerant” Videos on YouTube was Not Discriminatory

    by Gabrielle Berron-Styan

    In Glebov v. Fraser International College, 2024 BCHRT 19, the B.C. Human Rights Tribunal (the “Tribunal”) dismissed the human rights complaint of a college instructor who was terminated from employment after he posted YouTube videos expressing his views about religion, women, gender, homosexuality, abortion and sexual assault.


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  • Bots in the HR Department: Recruitment in the Age of Generative AI

    March 13, 2024

    Although artificial intelligence (AI) tools have been available to human resources (HR) departments for many years, the November 2022 release of OpenAI’s ChatGPT prompted HR professionals and their legal advisors to take a fresh look at how generative AI chatbots can support and improve HR work, including recruitment.

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  • Estopped in the Name of Benefits: Past Practice Prohibits Dismissal of Employees on Long-Term Disability

    March 5, 2024

    by Taylor Topliss

    In the unionized workplace, an employer may dismiss an employee for non-culpable absenteeism (also known as “innocent absenteeism” or “non-culpable cause”) where the circumstances and medical information confirm that there is no reasonable likelihood the employee will return to work for the foreseeable future.

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  • Wage-Fixing and No-Poaching Agreements

    February 20, 2024

    by Brittany Therrien

    The federal government has introduced legislation aimed at maintaining and encouraging competition among employers for employees. This new legislation prohibits agreements between employers to fix wages or other terms and conditions of employment, and to restrict job mobility.

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  • Watch Your Back: Employee Ordered to Pay $112,320 in Damages for Soliciting His Employer’s Client

    February 2, 2024

    by Teodora Bardas

    In Catch Engineering Partnership v. Mai, 2023 ABKB 279, the Alberta Court of King’s Bench awarded $112,320 in damages against a former employee who breached the non-solicitation provisions in his employment agreement.

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  • Mind Your Manners: B.C. Human Rights Tribunal Orders Complainant to Pay $3,000 in Punitive Costs for Improper Conduct in the Complaint Process

    January 10, 2024

    by Sarina Gill

    In Dr. A. v. Health Authority, 2023 BCHRT 10, the B.C. Human Rights Tribunal ordered the complainant, Dr. A, to pay $3,000 in punitive costs for contravening the rules and orders of the Tribunal and also for engaging in improper conduct during the complaint process.

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  • No Evidence that ‘Contact High’ is a Disability: B.C. Tribunal

    December 15, 2023

    by S. Blanco

    In Gendron v. Koppert Canada Ltd., 2023 BCHRT 173 the B.C. Human Rights Tribunal (the Tribunal) dismissed a complaint from an individual who alleged that she experienced a “contact high” from cannabis plants. The Tribunal held that the complainant failed to provide any evidence capable of proving that the symptoms she was experiencing were the result of a disability. As a result, the complaint had no reasonable prospect of success and did not warrant the time and expense of a hearing.

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