Resources
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Truth and reconciliation with First Nations Implications for employers
January 2016
The new federal government has said it will adopt all of the recommendations of the recently released Final Report of the Truth and Reconciliation Commission of Canada. This will impact employers in the private sector, particularly those working with natural resources. Employers will be required to ensure that jobs, training and opportunities are shared with First Nations communities.
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Employer’s conduct during organizing campaign survives labour relations board scrutiny
November 2015
In Vanderpol Eggs Ltd. –and– Teamsters Local Union 213, BCLRB No. B165/2014, the Teamsters Local Union 213 (the “Union”) alleged that Vanderpol Eggs Ltd. (“Vanderpol”) had engaged in unfair labour practices during the Union’s campaign to organize Vanderpol’s employees.
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Dismissed employee justified in refusing offer of reemployment with same employer
January 2016
The B.C. Court of Appeal recently considered the extent of a dismissed employee’s obligation to accept re-employment with the same employer in order to satisfy the duty to mitigate damages flowing out of termination of employment.
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The Name Game: B.C. Court of Appeal Rejects Union’s Argument for Grievor and Witness Anonymity
November 2015
In the recent decision of United Food & Commercial Workers Union, Local 1518 v. Sunrise Poultry Processors Ltd., 2015 BCCA 354, the B.C. Court of Appeal confirmed that labour arbitrators are allowed to publish personal information of grievors and witnesses in arbitration awards.
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Grievance time limit provisions – do they work?
December 2015
There are sound labour relations policy reasons for having a strong time limit provision in a collective agreement. A time limit requires the union to administer the collective agreement in a prompt manner, and prevents it from resurrecting old disputes. When a time limit expires and no grievance is filed, an employer is entitled to assume that the union will not challenge its decision.
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Domestic violence in the workplace – not just the NHL’s problem
December 2015
Sadly, it is far too common that we hear of news headlines involving professional athletes charged or convicted of assaulting their partners or spouses, e.g. “Kings Defenseman Voynov Suspended Indefinitely”, and “TSN Analyst Aaron Ward Arrested.”
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Tribunal Costs Award Goes Against Complainant
December 2015
A recent decision in Singh v. Revera Home Health, [2015] B.C.H.R.T.D. No. 800 by Chair Bernd Walter of the B.C. Human Rights Tribunal will be of interest to users of the human rights system, particularly in jurisdictions like British Columbia or Ontario which have a “direct access” model.
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$75,000 award for injury to dignity = “patently unreasonable”
December 2015
In January 2014, we reported on Kelly v. University of British Columbia (No. 4), 2013 BCHRT 302, a case in which the B.C. Human Rights Tribunal (the “Tribunal”) more than doubled its previous record for injury to dignity damages by awarding the complainant $75,000 (the “Tribunal Decision”).
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Bullying and Harassment: The treatment of complaints and claims by WorkSafeBC and employers
November 2015
Effective July 1, 2012, the Workers Compensation Act has included broader coverage for mental disorders arising from workplace incidents, including bullying and harassment. Consistent with its mandate to not only provide coverage for workplace injuries, but to also …
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