Resources

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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Challenges With Removing a Matter From Fast Track Litigation

A matter may qualify for fast track litigation under Rule 15-1 of the B.C. Supreme Court Civil Rules if the plaintiff is seeking to recover less than $100,000 or the case can be tried within three days. Fast track litigation limits the recovery of legal costs to $11,000, unless the court orders otherwise.

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ESA: Five Days Paid Personal Illness or Injury (Sick) Leave, as of January 1, 2022

On May 28, 2021 we issued an update regarding Bill 13 Employment Standards Amendment Act (No. 2), 2021 (“Bill 13”), which amended the British Columbia Employment Standards Act (the “ESA”).  Bill 13 added temporary paid COVID leave (ending December 31, 2021) and added paid leave for personal illness or injury commencing January 1, 2022 (“Paid Sick Leave”), with the amount of days to be determined.

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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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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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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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