Resources

Successorship in Contract Retendering

In Everclean Facility Services Ltd., 2022 BCLRB 14 (“Everclean Facility Services”), the BC Labour Relations Board (the “Board”) considered a trade union’s application for leave and reconsideration of an earlier decision regarding successorship in a situation of contract retendering.

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The Anti-Racism Data Act and the Changing Approach to Data Privacy

B.C.’s privacy legislation has typically meant that employers have avoided or limited the collection of demographic data from applicants and employees. However, the Province’s recent introduction of the Anti-Racism Data Act signals that change is coming, specifically at the intersection between privacy and human rights law. Employers in British Columbia will want to monitor this evolving approach to privacy and data management.

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Issue Estoppel

Employment litigation is rarely straightforward and employers must be prepared to deal with claims in multiple forums, including in civil court and before administrative tribunals responsible for interpreting and applying human rights, workers compensation and privacy law (to name a few).

When faced with a volley of different but related claims, it can be tempting to focus all of your attention on the claim which represents the biggest threat.  That would be a mistake — while you should strategically allocate resources, it is crucial to keep all actual or potential claims in mind because decisions in one forum could be relied upon in another.

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Two Significant BC Labour Code Changes: Card Certification is Back & Open Season is Declared in the Construction Industry for Raiding Unions

On April 6, 2022, Bill 10 – 2022 Labour Relations Code Amendment Act, 2022 (“Bill 10”) received first reading. Once in effect, Bill 10 will cause two significant amendments to the BC Labour Relations Code (the “Code”). First, the Code will again allow for “card based” certification, the purpose of which is to allow easier access to unionization. Second, in the construction industry, raids will become easier through the elimination of the current three year waiting period.

The amendments are the latest in a series of changes since 2019 that have significantly altered the labour relations landscape in BC.

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There’s an App for That!

Many of us use applications (apps) in our daily lives – but what happens when an employer uses an app to manage its workforce?

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Is a Complainant No Longer Required to Show that Conduct was “Objectively Unwelcome” to Substantiate a Claim of Sexual Harassment?

In the recent decision of Ms. K. v. Deep Creek Store and another, 2021 BCHRT 158, the BC Human Rights Tribunal (the “Tribunal”) declined to follow a long line of human rights case law which requires a complainant to show that conduct was “objectively unwelcome” to substantiate a claim of sexual harassment.

This decision represents a break from the established jurisprudence and should be of interest to employers faced with a claim of sexual harassment in the workplace.

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New Amendments to Paid Sick Leave Under Employment Standards Act

Effective January 1, 2022, the BC government added employer-paid sick leave under BC’s Employment Standards Act (“ESA”). Previous RG updates have covered this topic, please see our articles on November 25, 2021, and January 26, 2022. The BC government announced on Monday, March 28, 2022, that it would introduce further amendments to the ESA paid sick leave.

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Campbell River Test Affirmed Once Again: It is the Test in BC When Determining Entitlement to Accommodation on the Basis of Family Status

In Gibraltar Mines Ltd. v. Harvey, 2022 BCSC 385, for the second time in three years, the BC courts have reaffirmed the two-part test for determining whether an employee is entitled to accommodation based on family status (caregiving obligations).

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Mandatory Vaccination Policy Upheld by BC Arbitrator

On March 21, 2022, Arbitrator Somjen upheld a mandatory COVID-19 vaccination policy in BC Hydro & Power Authority and International Brotherhood of Electrical Workers, Local 258.

The employer’s vaccination policy was found to be reasonable, except for language contemplating discipline for non-adherence to the policy. The arbitrator held that the express reference to discipline in the policy was excessive but contemplated that a termination could result at some future time.

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Complaint About Mandatory Masking Policy Dismissed

In its November 17, 2021 decision in Coelho v. Lululemon Athletica Canada Inc., 2021 BCHRT 156, the B.C. Human Rights Tribunal (the “Tribunal”) dismissed a human rights complaint filed against Lululemon regarding its COVID-19-related mandatory masking policy.

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