Resources

Managing Mental Health in the Workplace

Employers often face unique challenges when dealing with employees who suffer from mental health issues. This article highlights the essential points of an employer’s duty to accommodate employees with mental disabilities in the workplace.

Read More +

WorkSafeBC Decisions Provide Clarification Regarding Employer Actions Related to COVID-19 Safety

Two recent WorkSafeBC cases provide guidance regarding unacceptable worker actions in the context of the COVID-19 pandemic and related health and safety issues. Both cases dealt with prohibited action complaints brought by a dismissed worker against a former employer under sections 47 to 50 of the B.C. Workers Compensation Act.

Read More +

Hot Mic Catches Ref Offside

In March, referee Tim Peel was captured on a hot mic boasting about calling a penalty because he “wanted to.” In less than 24 hours, Peel’s employment with the National Hockey League (NHL) had been terminated. In its statement, the NHL said “Nothing is more important than ensuring the integrity of our game.”

Read More +

What Employers Need to Know…About COVID Vaccines (Video)

James Kondopulos spoke recently with Patrick Stafford-Smith of the North Vancouver Chamber regarding considerations for employers as it relates to employees and the rollout of vaccinations.

Read More +

Discharge Upheld for Employee Who Violated Employer’s COVID-19 Policies

Previously printed in the LexisNexis Labour Notes Newsletter. 

In Labourers’ International Union of North America, Loc. 183 v. AECON Industrial, 2020 CanLII 91950 (ON LA) (Carrier), the discharge of an employee who attended work after exhibiting COVID-19 symptoms and contrary to his employer’s direction was upheld.  This decision offers a firm rebuke against conduct which potentially puts other employees at risk of contracting the virus, and provides employers with strong support for issuing significant discipline in response to that kind of misconduct.

Read More +

Employee Reinstated Despite “Ongoing Pattern of Disrespect” for Employer’s COVID-19 Safety Protocols

Previously printed in the LexisNexis Labour Notes Newsletter. 

In the recent decision of Trillium Health Partners v. CUPE, Loc. 5180, 2021 CanLII 127 (Jesin), an Ontario arbitrator, Norm Jesin, reinstated an employee to employment after he was suspended and subsequently discharged for failing to adhere to the employer’s COVID-19 safety protocols.

Read More +

Search of Employee’s Private Social Media Amounts to Privacy Breach, “Tainting” Misconduct Investigation

In the recent case of Canadian Broadcasting Corporation v Canadian Media Guild, 2021 CanLII 761 (Slotnik), a BC arbitrator reinstated an employee who had been fired for cause after his employer, the CBC, discovered that he had leaked his concerns about the CBC’s policies to other news organizations.

Read More +

Update: COVID-19 Support Benefits

Nearly one year after the introduction of the first COVID-19 support programs, Canadians have seen a proliferation of different assistance programs from Provincial and Federal governments supporting individuals and businesses that have been impacted by the pandemic. With so many support programs available, some that have ended, and the numerous acronyms for these programs (all of which sound remarkably similar), it can be difficult to keep track. As a guide, we have prepared a summary of the most common programs currently operating and we also describe some of the programs that have ended.

Read More +

Discharge Upheld for Employee Who Violated Employer’s COVID-19 Policies

In Labourers’ International Union of North America, Loc. 183 v. AECON Industrial, 2020 CanLII 91950 (ON LA) (Carrier), the discharge of an employee who attended work after exhibiting COVID-19 symptoms and contrary to his employer’s direction was upheld.  This decision offers a firm rebuke against conduct which potentially puts other employees at risk of contracting the virus, and provides employers with strong support for issuing significant discipline in response to that kind of misconduct.

Read More +

The Test for Toxicity: What Constitutes a Poisoned Workplace?

With the recent report of a toxic work environment at Rideau Hall and the subsequent resignation of former Governor General Julie Payette, the issue of what constitutes a poisoned workplace is front of mind for many employers. When are interpersonal tensions and conflict between colleagues “normal”?  When do they rise to the level of “toxic” and trigger rights to legal recourse and remedies?

Read More +