Resources

Advancing Unfounded Just Cause Defence Leads To Large Damages Award

The B.C. Supreme Court’s recent decision in Bailey v. Service Corporation (Canada) ULC,  2018 BCSC 235 highlights the perils of advancing unfounded just cause allegations and a court’s willingness to sanction such conduct with substantial aggravated and punitive damages awards.

Read More +

Father’s Family Status Denied by BC Court of Appeal

With its 2004 Campbell River decision, the BC Court of Appeal articulated the BC test for family status discrimination involving family obligations in the context of employment.  It essentially held that employers cannot impose workplace rules that seriously interfere with the substantial family obligations of its employees, unless doing so would cause the employer undue hardship.

Read More +

Proposed Amendments to the B.C. Labour Relations Code, First Reading

In late-2018, the Panel appointed by the Provincial Government issued a Report recommending amendments to the Labour Relations Code.

On April 30, 2019 the Minister of Labour, Honourable Harry Bains, tabled Bill 30-2019, Labour Relations Code Amendment Act, 2019 for first reading.  The Bill contains most of the recommendations in the Panel’s Report, including:

Read More +

Summary of Proposed Changes to the B.C. Employment Standards Act

B.C.’s Employment Standards Act is the law that sets minimum standards for workplaces in the province.  On April 29, 2019, Labour Minister Harry Bains announced plans to amend the Employment Standards Act. Highlights of the proposed changes are below:

Read More +

Combative Conduct in the Workplace and the Duty to Inquire

Tomasz Rutkowski, a unionized painter in the employer’s engineering department, filed a human rights complaint against his employer concerning its treatment of him in dealing with his mental disability.  In Rutkowski v. Westin Bayshore Hotel and another, 2018 BCHRT 235, the B.C. Human Rights Tribunal (the “Tribunal”) dismissed the complaint.

Read More +

The Benefits Of Proactive Responses To Complaints Of Workplace Discrimination: Lessons From The Alberta Human Rights Commission

A recent decision out of Alberta[1] details the value of proactive employer responses to claims of workplace discrimination as a defence to human rights complaints.

Read More +

Deconstructing Constructive Dismissal:  An Analysis of Rampre v. Okanagan Halfway House Society, 2018 BCSC 992

A recent B.C. Supreme Court decision provides a helpful refresher on the legal principles underpinning constructive dismissal.

The plaintiff, Ingo Rampre, worked for the defendant, the Okanagan Halfway House Society, for almost 23 years.  In 2016, he alleged that he was constructively dismissed.

Read More +

Broad Termination Clause and a Failure to Apply Prerequisites Results in a Bonus for Terminated Employee

A recent BC Supreme Court decision, Thoma v. Schaefer Elevator Components Inc., 2019 BCSC 100, reviewed the impact of a written employment agreement and the employer’s past practice of applying it.  The employment agreement allowed the Employer to terminate the employee without cause upon providing six months’ notice, which expressly included “his contractually agreed remuneration during the six month notice period.”

Read More +

Safety v. Privacy: Finding the Balance with Video Surveillance

Arbitrator Ken Saunders’ recent decision in Lafarge Canada Inc. v. Teamsters, Local Union No. 213 (In-Cab Camera Grievance), [2018] B.C.C.A.A.A. No. 51 (Saunders) is instructive for employers considering the use of video surveillance in their workplace.

Read More +

B.C. Court of Appeal Unequivocally Affirms Test For Family Status Discrimination

In my opinion, [the concept of family status] cannot be an open-ended concept … for that would have the potential to cause disruption and great mischief in the workplace ….

Whether particular conduct does or does not amount to prima facie discrimination on the basis of family status will depend on the circumstances of each case ….  I think that in the vast majority of situations in which there is a conflict between a work requirement and a family obligation, it would be difficult to make out a prima facie case.

Read More +