Resources

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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COVID-19 Case Round-Up

As increasing vaccination rates signal the possible end of the pandemic, legal cases are beginning to work their way through Canadian courts and tribunals.  This article summarizes a few of the recent and important cases considering pandemic-related labour and employment issues.

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Accessible British Columbia Act

The Accessible British Columbia Act (the “Act”) received royal assent on June 17, 2021.

The new legislation requires government and prescribed organizations to establish an accessibility committee for the purpose of identifying, removing and preventing barriers which hinder the full and equal participation in society of persons with disabilities.

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The Very Serious Employment Consequences of Breaching COVID-19 Safety Protocols

The problems and challenges which the COVID-19 pandemic has created for employers are significant. It is encouraging to see third-party decision-makers doing what is in the public interest and providing support to employers as they try to uphold COVID-19 safety protocols in their workplaces. At least two arbitration cases out of Ontario have upheld the discharge of employees who chose to disregard the COVID-19 rules and policies of their respective employers. [1]

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COVID-19 Vaccine Passport versus the Right to Privacy

As B.C. plans a hopeful reopening, many major decisions are still on the horizon to help return Canadians back to “normal life.” One significant consideration is the implementation and use of a COVID-19 vaccine passport. In a joint statement on May 19, 2021 by the Federal, Provincial and Territorial Privacy Commissioners (the “Joint Privacy Statement”), they urged the government to keep privacy concerns front of mind when evaluating a COVID-19 vaccine passport.

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Paid COVID-19 Leave Now, and Paid Sick Leave in 2022

Bill 13 Employment Standards Amendment Act (No. 2), 2021 (“Bill 13”) received Royal Assent on May 20, 2021. Bill 13 is an amendment to the British Columbia Employment Standards Act (the “ESA”) and does two things:

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Record-Setting Damages Awarded by B.C. Human Rights Tribunal Following Racial Discrimination

On January 28, 2021, the former Chair of the B.C. Human Rights Tribunal, Diana Juricevic, issued her decision respecting remedy after finding that the Government of British Columbia discriminated and retaliated against a corrections officer contrary to the B.C. Human Rights Code (the “Remedy Decision”).

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