Resources
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Perception of Retaliation Does Not Breach the Human Rights Code
June 2018
In Gichuru v. Pallai, 2018 BCCA 78, the most recent decision in the long-running saga between an individual and his former landlord, the BC Court of Appeal clarified the test for retaliation under section 43 of the BC Human Rights Code, R.S.B.C. 1996, c. 210 (the “Code”).
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Failing a Breathalyzer Test in a Company Vehicle: Just Cause for Dismissal?
June 2018
The B.C. Supreme Court recently determined in Klonteig v. District of West Kelowna, 2018 BCSC 124 that an assistant fire chief was wrongfully dismissed when his employer terminated his employment after he failed two breathalyzer tests while driving his employer’s vehicle.
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New Mandatory Data Breach Regulations
May 2018
The Canadian government has finally published regulations relating to mandatory privacy breach notification under the federal Personal Information Protection and Electronic Documents Act (PIPEDA). The new requirements will come into force on November 1, 2018.
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Protection from Patrons: Protecting Employees from Sexualization in the Workplace
April 2018
Employers have a duty to protect employees from sexualization in the workplace by patrons and customers, even if that means removing or banning individuals with an alleged mental disability from their facilities or place of business.
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Protection from Patrons: Protecting Employees from Sexualization in the Workplace
April 2018
Employers have a duty to protect employees from sexualization in the workplace by patrons and customers, even if that means removing or banning individuals with an alleged mental disability from their facilities or place of business.
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What does the Cambridge Analytica Scandal Mean for Canadian Employers?
April 2018
Cambridge Analytica has been all over the news for the past couple of weeks. The consulting firm allegedly used the personal information of 50 million Facebook users, without their permission, for political purposes. What does this issue mean to Canadian employers?
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What does the Cambridge Analytica Scandal Mean for Canadian Employers?
April 2018
Cambridge Analytica has been all over the news for the past couple of weeks. The consulting firm allegedly used the personal information of 50 million Facebook users, without their permission, for political purposes. What does this issue mean to Canadian employers?
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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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