Resources
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Not Every Failed Return to Work is a Failure of the Duty to Accommodate
December 2019
In Gaucher v. Fraser Health Authority and others, 2019 BCHRT 243, the Human Rights Tribunal dismissed without a hearing the human rights complaint of a nurse regarding her attempts to return to work following an extended disability leave. In reaching that decision, the Tribunal made several helpful comments about the scope of the duty to accommodate and what constitutes harassment under the Human Rights Code.
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Conduct of Transgender Complainant Leads to Dismissal of Complaint of Discrimination in the Provision of Waxing Services
November 2019
Jessica Yaniv is a transgender woman who filed seven human rights complaints against multiple defendants relating to the denial of waxing services. In five cases, she requested waxing of her scrotum. In two, she requested waxing of her arms or legs. In each case, Ms. Yaniv told the Respondent that she was a transgender woman and the Respondent then refused to wax her.
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Employment Standards Claims Cannot be Pursued in B.C. Courts
November 2019
A recent summary trial decision from the B.C. Supreme Court confirms that claims arising from breaches of the B.C. Employment Standards Act (ESA) cannot be pursued in a civil action and denies the application of the tort of intimidation to a threatened breach of an employment contract.
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Buyer Beware: The Labour Relations Board Deals With New Successorship Provisions in the BC Labour Relations Code
November 2019
Bill 30 introduced new contract retendering successorship provisions in section 35 of the Labour Relations Code (the “Code”). Our firm has commented previously that the new provisions will have a significant impact on certain contractors in BC.
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Jail Sentences for Worker Fatalities: Will They or Won’t They?
October 2019
Most employers are aware that the health and safety of their workers is one of the most important considerations on a worksite. Across Canada, warnings have been issued to employers and their directors that accountability for workplace accidents and especially fatalities is increasing. However, in the recent decision of Ontario (Labour) v. New Mex Canada Inc., 2019 ONCA 30, the Ontario Court of Appeal upheld a lower court‘s decision to overturn two jail sentences for directors following a workplace fatality.
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Ontario Court of Appeal Affirms Only Exceptional Circumstances Will Justify Notice Period in Excess of 24 Months
October 2019
In Dawe v. The Equitable Life Insurance Company of Canada, 2019 ONCA 512, the employee, Michael Dawe, sued the Defendant for wrongful dismissal after he was dismissed from employment without cause at the age of 62. He had worked for the company for 37 years and occupied the position of Senior Vice-President at the time of dismissal.
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Uncertain Changes and a Strained Relationship Do Not Amount to Constructive Dismissal
October 2019
Reza Baraty alleged he was constructively dismissed from his position with Wellons Canada Corp. (“Wellons”). He considered: (1) his position to have been eroded to the point where he was no longer a manager; and (2) the work environment to have become intolerable because of bullying and harassment by a co-worker.
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How Does Age Impact Reasonable Notice Period Assessment?
September 2019
With the demise of mandatory retirement many people are now working past age 65. What impact does age have on the assessment of the reasonable notice period? A recent decision of the Ontario Court of Appeal confirmed that “exceptional circumstances” must exist before more than 24 months is awarded, and that neither age nor a planned retirement date constitute exceptional circumstances.
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