Resources

Privacy Versus Public Interest: Anonymity at the B.C. Human Rights Tribunal

In the case of Ng v. City of Vancouver (No. 2), 2024 BCHRT 228, Giana Ng filed a complaint with the Tribunal and alleged discrimination on the basis of mental disability in the course of her employment.

She applied under Rule 5 of the Tribunal’s Rules of Practice and Procedure to limit the publication of her personal identifying information in any written Tribunal decision and also to redact her personal information from any part of her file that could be made available to the public.

The City of Vancouver (the “City”) opposed the application.  It argued that Ng’s privacy interests did not outweigh the public interest in the Tribunal’s proceedings.

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Can Employers Eliminate Employee Hours Indefinitely Due to Business Demands? B.C. Supreme Court Says “No”

The B.C. Supreme Court recently released a decision in a class proceeding involving past employees of a major hotel operated by Ocean Pacific Hotels Ltd. (“Ocean Pacific”).

The common issues in this proceeding were certified by Justice Matthews in Escobar v. Ocean Pacific Ltd., 2024 BCSC 1575.

This article examines only the central common issue before the Court – whether Ocean Pacific constructively dismissed the class members by eliminating their hours indefinitely in the face of the COVID-19 pandemic.

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Watching Out For Privacy: Limitations on Employer Video Surveillance

In Rehn Enterprises Ltd. v. United Steelworkers, Local 1-1937, 2024 CanLII 72130 (de Aguayo), Arbitrator Jacquie de Aguayo found numerous privacy and procedural breaches related to the installation of video surveillance in work vehicles.

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Employer Dismisses Pregnant Employee Based on Facebook Post: Ontario Human Rights Tribunal Awards $37,849 to Complainant

In Iskander v. 2363327 Ontario Incorporated and Primeau, 2024 HRTO 1122, the Ontario Human Rights Tribunal allowed a complaint alleging prohibited discrimination in employment on the basis of sex, including pregnancy and sexual harassment.  The complainant, Kristina Iskander, testified that she believed she was dismissed from employment because she was pregnant.  The Tribunal found the respondents to have breached the Human Rights Code, R.S.O. 1990 c. H. 19 (the “Code”) and awarded $37,849 to the complainant.

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Think Twice Before You Hit “Send”: Your E-Mail Job Offer Could Be Binding

In the recent case of Adams v. Thinkific Labs Inc., 2024 BCSC 1129, the B.C. Supreme Court considered whether a certain e-mail communication constituted an employment contract at common law.  The Court relied on basic doctrines under the law of contract such as the need for consideration to find that the e-mail offer created a binding agreement.

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The Complexities of Dependent Contractors and Restrictive Covenants

In the recent decision of Dibble v. Creative Music Therapy Solutions Inc., 2024 BCSC 1066, the B.C. Supreme Court provided a helpful reminder that a long-term contract with a worker can result in the worker being categorized as a “dependent contractor” who is entitled to reasonable notice on termination of the contract.  The Court also provided a reminder that a restrictive covenant is held to a high threshold to be enforceable.

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Grasping at Straws: Claiming Discrimination in the Face of Clear Misconduct

In Bartender v. Finale Entertainment Inc., 2024 BCHRT 155, the complainant, a former bartender with the respondent nightclub, filed a human rights complaint after his employment was terminated without cause.

The complainant, who identified as Caucasian or white, alleged that his employment was terminated in order to hire a Chinese employee.  To support his allegation of discrimination, the complainant relied on the fact that, on the same day the respondent terminated his employment, a Chinese worker started working in his place.

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Employer Obligations During Provincial Elections

A provincial election has been called in British Columbia.

This bulletin provides a brief overview of employer obligations to employees during advanced voting and on the final voting day.

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Toxic Work Environment and Investigation of Concern? That Still Might Not Be Enough to Warrant a Discrimination Claim

In Thomas v. Signals Design Group, 2024 BCHRT 135, the B.C. Human Rights Tribunal dismissed a complaint alleging discrimination on the basis of sex. The complainant alleged she received radically different treatment as compared to her male counterparts and had to resign from employment because of the toxic work environment.

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Health Spending Accounts Not Sufficient to Meet ESA Sick Leave Requirements

A British Columbia arbitral decision is the most recent in a developing line of authority cautioning BC employers that sick days conferred under the Employment Standards Act, R.S.B.C. 1996, c. 113 (the “ESA”) may be qualitatively different than sick leave benefits under a collective agreement.

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