Resources
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Basic “Work for Pay” Bargain at the Core of the Employment Relationship
March 2018
Corporation of the Township of Langley -and- Canadian Union of Public Employees, Local 403, BCLRB No. B117/2017 (leave for reconsideration denied in No. B151/2017) is part of a series of decisions addressing alleged discrimination against a number of employees who were dismissed from employment due to non-culpable absenteeism.
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B.C. Employment Standards Tribunal Confirms After-Acquired Cause May Justify Termination Without Notice or Pay in Lieu Under the Employment Standards Act
March 2018
In Re Black Press Group Ltd., BC EST No. RD074/17, the B.C. Employment Standards Tribunal confirmed that evidence of after-acquired cause (i.e. evidence of pre-dismissal misconduct discovered after dismissal) can be admitted to prove just cause under the Employment Standards Act (the “ESA”) and eliminate the employer’s obligation to provide termination notice or pay in lieu under the ESA.
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Dealing With Employees Who Deny Unfitness To Work
March 2018
A roadmap for dealing with disabled employees who are unfit for active employment, but who deny being unfit, is detailed in Kelfor Industries Ltd. v. United Steelworkers, Local 2009 ([Grievor] Medical Leave and Termination Grievances) (November 21, 2017 – unreported at time of writing) (Lanyon).
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Law Professor’s Human Rights Complaint Against University of British Columbia Dismissed
February 2018
More than a year after the merits of Ms. McCue’s complaint were heard, the B.C. Human Rights Tribunal (the “Tribunal”) has dismissed this case in its entirety. The 300+ page decision contains important discussion about various topics including the Tribunal’s jurisdiction, prima facie discrimination, workplace accommodation, cultural obligations, complainant obligations, and the duty to inquire.
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Careful About Aiming Too High And Asking For Too Much
February 2018
After reorganizing a business, employers must take care that the terms of settlement and new employment they offer to their employees do not provide a basis for a dismissed employee to reasonably refuse to take the position in order to mitigate damages for wrongful dismissal.
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Are Your Bullying and Harassment Policies and Procedures in Good Shape?
February 2018
It seems like every day a new story surfaces about allegations of sexual harassment against Hollywood elites and other celebrities. Each time, the online world erupts and anyone with a computer can have their say. Reputations can be destroyed in hours.
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Alberta Court Of Appeal Confirms And Clarifies Requirements For Random Drug Testing
January 2018
This article focuses on the Alberta Court of Appeal’s recent decision in Suncor Energy Inc. v. Unifor, Local 707A, 2017 ABCA 313. The Court unanimously upheld a judicial review decision rejecting the majority decision of an arbitration panel which had found Suncor Energy Inc.’s random drug and alcohol testing policy to be unenforceable.
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The Need To Notify: Evidence Ruled Inadmissible Due To Privacy Violation
January 2018
The importance of providing notice to employees prior to collecting and using employee personal information is highlighted in Zelstoff Celgar Ltd. v. Public and Private Workers of Canada, Local 1 (Negreiff Grievance), [2017] B.C.C.A.A.A. No. 28 (Blasina).
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Settling Human Rights Complaints – What Not To Do
January 2018
When an employee makes a human rights complaint to the B.C. Human Rights Tribunal, the employee and the employer are permitted and even encouraged to settle such complaints. In some cases, complainants may agree to a settlement and then pursue the complaint anyway. In these circumstances, the Tribunal retains jurisdiction to hear the complaint if it determines that it would further the purposes of the B.C. Human Rights Code to do so. Such was the case in The Employee v. The Company and the Owner, 2017 BCHRT 266.
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