Resources
-
B.C. Court of Appeal Unequivocally Affirms Test For Family Status Discrimination
February 2019
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 +
-
Oh No That Is Our Employee In the Headlines!
February 2019
Reputation is only a candle, of wavering and uncertain flame, and easily blown out, but it is the light by which the world looks for and finds merit. – James Russell Lowell
Imagine one day you were reading the weekend newspaper and discover one or more of your employees is engaged in activities that are not consistent with the good standing of the employer. What do you do?
Read More +
-
BC Court of Appeal Confirms High Standard for Mental Distress Damages
January 2019
An employee who believes they have been wrongfully dismissed from their employment can seek damages in court for both the fact of their dismissal and the manner in which they were dismissed. In Cottrill v. Utopia Day Spas and Salons Ltd., 2018 BCCA 383, the Court of Appeal affirmed that there remains a high threshold in British Columbia for plaintiffs seeking mental distress damages.
Read More +
-
British Columbia Law Institute Publishes Report on the Employment Standards Act: Changes to BC Employment Standards Anticipated in 2019
January 2019
On December 10, 2018, the British Columbia Law Institute published its 300 page report on reforming the BC Employment Standards Act .
We expect the report’s recommendations will likely provide the framework for legislative change in 2019. Here, we summarize some of the more notable points.
Read More +
-
“It Don’t Matter If You’re Black Or White”*… It’s Illegal to Discriminate
December 2018
In 1991, Michael Jackson’s hit single, “Black or White”, topped the Billboard Hot 100 just three weeks after its release. Perhaps it was the universally positive anti-racism message, as much as the music itself that propelled its popularity. Regardless, one would have thought that by 2018 it would have been well understood that the fact that an employee was white/Caucasian does not create a defence for an employer’s racist conduct. Sadly, Spruce Hill Resort and Kin Wa Chan must not have been Michael Jackson fans.
Read More +
-
Breach of Telecommute Agreement Resulted in Constructive Dismissal: Hagholm v. Coreio Inc., 2017 ONSC 7713, varied 2018 ONCA 633
November 2018
The Ontario Court of Appeal recently affirmed a decision of the Ontario Superior Court of Justice which found that an employee had been constructively dismissed when the employer revoked her telecommute agreement and arbitrarily reduced her annual bonus.
Read More +
-
Government of Canada Introduces Major Changes to Canada Labour Code and Creates Federal Pay Equity Obligations
November 2018
Recently, the Federal Government tabled, for first reading, Bill C-86 that, assuming it passes in its current form, will (i) significantly alter federally regulated employers’ obligations under the Canada Labour Code and (ii) create a new federal pay equity regime. A flavour of the key changes included in Bill-C-86 is provided here.
Read More +
-
B.C. Labour Code Review 2018: A Summary of Recommended Changes and Next Steps
October 2018
On October 25, 2018, the Government of BC released the long anticipated Section 3 Report concerning proposed changes to the Labour Relations Code of BC. A three person panel was appointed in February of 2018 to conduct a public consultation and recommend amendments to the Code.
The significant proposed changes are summarized.
Read More +
' '