Resources
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Which Absences Properly “Count” for Attendance Management
December 2017
The Federal Court of Appeal recently overturned a decision of the Public Service Labour Relations and Employment Board (the “Board”) concerning the National Attendance Management Policy (NAMP) promulgated by Correctional Service Canada (CSC) for its unionized employees: Bodnar v. Treasury Board (Correctional Service of Canada), 2017 FCA 171.
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Boilerplate Non-Competition Clauses Are No Protection At All
November 2017
The B.C. Court of Appeal recently clarified the analytical framework regarding the enforceability of non-competition clauses in the employment context. In IRIS The Visual Group Western Canada Inc. v. Park, 2017 BCCA 301, the Court questioned the use of boilerplate language and reminded employers that restrictive covenants must be drafted with care.
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When Human Rights Collide . . . Take Reasonable and Practical Steps to Minimize the Harm
October 2017
From time to time, employers will find themselves faced with circumstances where taking steps to avoid discriminating against a customer or client under the Human Rights Code will have the unintended result of the employer discriminating against its employees. That is the situation Victoria Taxi faced in the B.C. Court of Appeal’s recent decision, McCreath v. Victoria Taxi (1987) Ltd.
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A Crack in the Dam? Merrifield v. Attorney General (Ont.) and the Undead Tort of Harassment
October 2017
For many years, workplace law has generally proceeded on the assumption that remedies for harassing behaviour and civil “harassment” were, except in rare cases, outside the purview of the courts. Harassment, as a civil wrong, had developed within the administrative structure of human rights tribunals and grievance processes under collective agreements but there was no generally recognized common law “tort” of harassment.
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BC Court of Appeal Restores Human Rights Tribunal Decision to Dismiss Complaint
October 2017
In Francescutti v. Vancouver (City), 2017 BCCA 242, the British Columbia Court of Appeal restored a human rights tribunal decision to dismiss a complaint brought by a former City of Vancouver employee. The decision provides useful support for the ability of a respondent to succeed on an application to dismiss a complaint, despite the presence of some conflicting facts raising issues of credibility.
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B.C. Court Clarifies Limits on Departing Employee’s Use of Employer Information and Diversion of “Corporate Opportunity”
October 2017
In Sateri (Shanghai) Management Limited v. Vinall, 2017 BCSC 491, the B.C. Supreme Court summed up the law governing how far a departing employee can go in effectively assisting a new employer, including through sharing his or her current employer’s confidential information or in diverting a “corporate opportunity”. The case also confirms that substantial damages will only be awarded against an employee if the employer can show it has suffered a resulting financial loss.
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