Resources
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Reducing Exposure to Aggravated Damages: Lessons from Dhatt v. Kal Tire Ltd.
September 2015
A recent decision of the BC Supreme Court provides valuable insight into the manner in which aggravated damages will be awarded to employees, and reinforces the significance of conducting thorough investigations before terminating an employee for cause.
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National Labour Relations board Adopts New Test for Determining “Joint Employer Status”
September 2015
In a ground-breaking decision published on August 27, 2015 (BFI Newby Island Recyclery) the National Labour Relations Board revisited the test to be used in determining whether two employers should be considered as a “joint employer” for the purposes of applying the provisions of the National Labor Relations Act.
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The Duty to Accommodate Medical Marijuana in the Workplace
August 2015
Across North America, attitudes towards marijuana use, both recreational and medical, are changing quickly. To the south of our border, several U.S. states, including Washington, Colorado, Alaska and Oregon, have legalized the recreational use of cannabis.
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Employer Allowed to Call Rebuttal Evidence in Text Message Controversy
November 2015
In BC Hydro & Power Authority and International Brotherhood of Electrical Workers, Local 258 (August 4, 2015) Arbitrator Moore considered the Employer’s application to call rebuttal evidence. In particular, BC Hydro (or the “Employer”) sought to call expert rebuttal evidence regarding albacore tuna.
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The Importance of Conducting Fair Workplace Investigations
August 2015
The use of workplace investigations in situations where employees are dismissed for just cause has received considerable attention from the courts in recent years, with the decision of the British Columbia Supreme Court in Vernon v. British Columbia, in which the Court was highly critical of the manner..
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BC Human Rights Tribunal Rules Exclusion from Disability Benefits and Mandatory Retirement Not Discriminatory
July 2015
The BC Human Rights Tribunal (“Tribunal”) recently considered the application of s. 13(3)(b) in two age discrimination complaints. The Tribunal dismissed both complaints on preliminary applications.
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The Inadvertent Dismissal: The Tale of an Administrative Suspension Growing Up to Become a Very Costly Constructive Dismissal
July 2015
Employers often use an administrative suspension as a tool for removing an employee from the workplace during the course of an investigation. But does doing so amount to a constructive dismissal?
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Don’t Forget to Check Those Text Messages! After-acquired Cause Upheld for its “Criminal” Nature in Safety Sensitive Industry
June 2015
In Van den Boogaard v. Vancouver Pile Driving Ltd., 2014 BCCA168, the B.C. Court of Appeal unanimously affirmed that a supervisor’s conduct of procuring drugs from an employee under his/her supervision will support a finding of just cause, even when the employer discovers the misconduct after….
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Freedom of Association Now Protects the Right to Strike
March 2015
In Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, the Supreme Court of Canada reversed its 1987 decision and concluded that the right to strike is protected under section 2(d) of the Charter: freedom of association.
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