Resources

Opposing Government Rules Regarding Vaccination “Could Be” a Political Belief Under the Code

On September 10, 2021, the B.C. Human Rights Tribunal issued a screening decision dismissing a class complaint of discrimination in employment on the basis of political belief.

In Complainant obo Class of Persons v. John Horgan, 2021 BCHRT 120, the Tribunal exercised its discretion to dismiss the complaint at the initial screening stage, finding that the facts alleged did not amount to a contravention of the BC Human Rights Code (“Code”).

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Tribunal Decision Underscores Flexible, Common Sense Approach to Accommodation

Consider this scenario: an employee suffers an injury at work, takes a medical leave, undergoes surgery and asks to return to work with significant restrictions on their ability to perform the basic tasks associated with the role. Most employers can relate to this scenario all too well and are familiar with the delicate balance that exists between the employer’s duty to accommodate and the point of undue hardship.

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BC’s New “Vaccine Card” – What Do Employers Need to Know?

Vaccine passports have been a hot topic in recent weeks as the federal and provincial governments announce new requirements to access certain services.

On September 7, 2021 the Province and the Public Health Officer provided new information for businesses on the roll out of BC’s version of a “vaccine passport”, the “BC Vaccine Card”.

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Employer Obligations on Election Day

A federal general election will be held on Monday, September 20, 2021.

As a service to our clients, we are publishing this bulletin on the obligations owed by employers to their employees on election day.

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Vaccination Status and the “New Normal”

As governments and businesses seek to avoid closures that have so heavily impacted the economy and everyday life, many are looking to vaccine passports and/or considering mandatory vaccination in the workplace to facilitate a return to “normal” operations.

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The BC Human Rights Commissioner Weighs in on Mandatory COVID-19 Vaccination Policies

As vaccination rates increase, and the province continues to progress through each phase of its reopening plan, one of the biggest questions facing employers is whether to implement a mandatory vaccination policy for employees and, in some cases, customers. This is a complex and highly context-specific question that engages human rights issues, privacy issues, and workplace safety considerations.

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COVID-19-Related Misconduct is Nothing to Sneeze At

In a decision issued on May 10, 2021[1], Arbitrator Paul Love dismissed a discipline grievance related to COVID-19-related misconduct.  The discipline was issued at a time when, in the words of the arbitrator, “there was a dearth of arbitral jurisprudence” with respect to such misconduct.

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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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BC Arbitrator Orders “Make Whole” Remedy After Union Invokes Doctrine of Double Jeopardy

In School District No. 73 v. BCTF (Wasylik Grievance), a recent British Columbia labour arbitration case, Arbitrator Ken Saunders issued a supplementary award respecting remedy after finding that the union had properly invoked the labour relations doctrine of double jeopardy to bar the grievor’s just cause dismissal.

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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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