Resources

Ontario Court Decides “Private Group Chats” Can Become a Disciplinable Workplace Issue

In or around April 2020, while the Human Resources department at Metrolinx (the “Employer”) was conducting an investigation into a separate and unrelated matter, an employee informed the Employer about a WhatsApp conversation between the five grievors approximately eight months earlier, a conversation which “contained negative, derogatory and sexist comments about a female employee”.

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International Credentials Recognition Act Comes into Force in BC

On July 1, 2024, the International Credentials Recognition Act, SBC 2023, c 39 (the “Act”) came into force in British Columbia.

The legislation is intended to address the shortage of skilled professionals in BC by reducing barriers for internationally trained professionals seeking jobs in this province. The Act is designed to improve the credential recognition process, making it more fair, efficient, and streamlined for applicants seeking certification from professional regulators.

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New Legislative Requirements for “Online Platform Workers”

In September 2024, app-based ride hailing and food delivery services will be required to provide workers in British Columbia with certain employment-like protections and workers’ compensation benefits.

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Good Accommodation Gone Wrong

In United Nurses of Alberta v. Alberta Health Services (MacKinnon Grievance), [2023] A.G.A.A. No. 10 (Asbell), the majority of an arbitration board awarded $10,000 in injury to dignity (human rights) damages for an employer’s failure to consistently and proactively accommodate a neurodivergent employee.

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Collective Bargaining for Managers – An Alternate Universe?

On April 19, 2024 the Supreme Court of Canada published its decision in Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec 2024 SCC 13, As far as I can tell, it did not get much fanfare in labour relations circles.

Although the case arose in Quebec under the Quebec Labour Code, CQLR, c. C-27 the court’s reasoning will apply to provincial labour legislation across the country and to the Canada Labour Code.

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Illness and Injury Leave Under the Employment Standards Act in the Unionized Context

Section 49.1 of the B.C. Employment Standards Act (the “ESA”) addresses illness or injury leave (sick leave) and provides as follows: after 90 consecutive days of employment, an employee is entitled to paid leave for up to the prescribed number of days, and unpaid leave for up to 3 days, in each calendar year due to illness or injury.

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BC Court of Appeal Confirms Canada Labour Code Termination Clause is Enforceable

In welcome news for employers, the B.C. Court of Appeal in Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222, has confirmed that a termination clause that incorporates the requirements of the Canada Labour Code by reference is enforceable and sufficient to displace the common law presumption of reasonable notice.  In doing so, the Court commented on conflicting decisions in other provinces and restated important principles of employment contract interpretation.  This case is important for employers in British Columbia and for federally-regulated employers in all provinces because the common law presumption of reasonable notice usually results in severance awards that far exceed the minimum notice and severance obligations under applicable employment standards legislation.

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When an E-Mail Does Not “Find You Well”: Just Cause Termination Not a Proportionate Response To Employee’s Heated E-Mail

Employers can be quick to assert that a single instance of employee misconduct is enough to discharge an employee for just cause.

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

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?

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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