Resources
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Sex and Family Status Discrimination Substantiated by Employer’s Preference for Replacement Employee
November 23, 2022
In LaFleche v. NLFD Auto Ltd. dba Prince George Ford (No. 2), 2022 BCHRT 88, the BC Human Rights Tribunal (the “Tribunal”) awarded $78,625 to a complainant after finding that she suffered a work-related disadvantage because she was pregnant.
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Oppression Remedy, Wrongful Dismissal, Corporate Reorganisations
November 8, 2022
In Wisser v. CEM International Management Consultants Ltd. 2022 ABQB 414, Alberta Court of Queen’s Bench (as it then was) confirmed the oppression remedy can ground liability for non-employer corporations and their directors, where the corporate restructuring’s purpose is to avoid wrongful dismissal liability.
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Arbitrator Confirms Precautionary Approach Appropriate in Times of Scientific Uncertainty
October 26, 2022
On July 11, 2022, Arbitrator Randy Noonan released his decision in Coca Cola Canada Bottling Inc. -and- Teamsters Local 213, B.C.C.A.A.A. No. 69 (Noonan). It concerned the reasonableness of Coca Cola’s mandatory vaccination policy (the “Vaccination Policy”). Although the policy is a national one, the dispute before the arbitrator related to the unionized hourly employees working out of four sites in the Lower Mainland of British Columbia.
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Calculating Damages for Unjustly Dismissed Federally Regulated Employee
October 17, 2022
The Canada Labour Code is a unique creature. Unlike non-union provincially regulated employees in most Canadian jurisdictions, federally regulated employees who have more than 12 months’ service and who are not managers, are protected from without cause termination in most circumstances. How then to calculate an entitlement to damages for an employee who is unjustly dismissed in contravention of the Code, given the breach of that added protection?
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Major Apprenticeship Initiative Funded by Federal Government May Help Recruit and Employ New Workers
October 11, 2022
The Federal Government’s Apprenticeship Service is engaged in a large scale funding campaign, designed to increase apprenticeship opportunities and promote apprenticeships. It is also designed to increase diversity. This bulletin will focus on employers in the construction industry in BC, although the program is not limited to such employers.
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BC Supreme Court Weighs in on Mandatory COVID-19 Vaccination Policies
September 29, 2022
On September 27, 2022, the BC Supreme Court released its decision in Parmar v. Tribe Management Inc., 2022 BCSC 1675 (“Parmar”). This is the first time the BC Supreme Court has directly weighed in on the validity of mandatory COVID-19 vaccination policies in non-unionized workplaces and was a much-awaited decision for many employers and employees in British Columbia who are involved in similar litigation.
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Bill C-27: Summary of Key Proposed Changes
September 29, 2022
On June 16, 2022, the federal government introduced Bill C-27, “An Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act and to make consequential and related amendments to other Acts.”
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Refusal of Unsafe Work
September 27, 2022
The right to refuse unsafe work is one of the core protections extended to workers in BC by Occupational Health and Safety Regulation (“OHS Regulation”) pursuant to the Workers’ Compensation Act (the “WCA”). Effective August 22, 2022 amendments to Part 3 of the OHS Regulation introduced new employer responsibilities relating to the reassignment of work following a refusal of unsafe work.
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Federal and BC Governments Announce Day of Mourning on September 19, 2022: What Does this Mean for Employers?
September 14, 2022
In a statement released yesterday, the federal government announced that September 19, 2022 will be a National Day of Mourning in Canada. This follows the passing of Her Majesty Queen Elizabeth II on September 8, 2022 and coincides with the State Funeral being held in London. The federal government also encouraged provinces to provide similar direction for provincially regulated employers.
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