Resources

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.

Read More +

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.

Read More +

“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.

Read More +

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.

Read More +

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”).

Read More +

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.

Read More +

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”.

Read More +

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.

Read More +

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.

Read More +

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.

Read More +