Resources

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.

Read More +

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.

Read More +

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).

Read More +

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.

Read More +

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.

Read More +

Is This Thing On?: Surreptitious Recording Can Constitute Just Cause for Dismissal

Your employee places their cellphone on the table as they sit down for the meeting, angling it slightly towards you. You wonder – is this meeting being recorded?

The ubiquity of cellphones means that HR professionals should assume all conversations with employees are being recorded. But are there any consequences for employees who secretly record conversations with colleagues?

Read More +

PHO Order Requires Disclosure of Vaccine Status of Health Care Providers

In October 2021, the Provincial Health Officer ordered health professionals to be vaccinated if they were employed, contracted, or funded to provide services by provincially funded services.  The order, effective October 26, 2021, stated that other health professionals – those working outside provincial funding systems – would be required to be vaccinated at a future date.

On February 9, 2022, Dr. Henry announced that these other health care providers would have to be vaccinated by March 24, 2022, or cease providing services.

Read More +

BC Government Implements Changes to COVID-19 Guidelines: Masks, Proof of Vaccination

On March 10, 2022, the BC provincial government announced certain changes to its COVID-19-related restrictions. As of March 11, the provincial health order requiring face coverings (i.e. masks) was repealed, except as it applies to schools. Other measures announced include an easing of the requirement that faith communities restrict attendance based on vaccination status, and the requirements applying to overnight camps for children and youth.

Read More +

Insolence, Insubordination and After-Acquired Evidence of Just Cause

On November 9, 2021, the B.C. Supreme Court released its decision in the case of Golob v. Fort St. John (City), 2021 BCSC 2192.

The case concerned a wrongful dismissal claim against the City of Fort St. John by its former Deputy Fire Chief.

Read More +

Clarification to Law of Employee Surveillance

Elevator law, according to one colleague and despite our best attempts to intervene, has its ups and downs. It has a unique set of characteristics, including its own elevator union (the International Union of Elevator Constructors (IUEC)), industry-specific collective agreements and a workforce of largely independent technicians.

Read More +