Resources
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Mandatory Vaccination Policy Upheld by BC Arbitrator
March 23, 2022
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
March 21, 2022
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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Is This Thing On?: Surreptitious Recording Can Constitute Just Cause for Dismissal
March 17, 2022
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?
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PHO Order Requires Disclosure of Vaccine Status of Health Care Providers
March 16, 2022
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.
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BC Government Implements Changes to COVID-19 Guidelines: Masks, Proof of Vaccination
March 14, 2022
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.
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Insolence, Insubordination and After-Acquired Evidence of Just Cause
March 11, 2022
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.
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Clarification to Law of Employee Surveillance
March 2, 2022
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.
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Taking Away Important Responsibilities for Misconduct: Arbitrator Substitutes Permanent Disciplinary Demotion for Discharge
February 18, 2022
When considering potential discipline for poor performance, a novel labour arbitration decision suggests a demotion – a permanent disciplinary demotion – may be an appropriate response.
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Labour Law in the Time of Cholera
February 7, 2022
2020 was full of surprises, and 2021 continued to bring new challenges for the profession. Our corner of toil in the legal vineyards was not immune. For labour and employment lawyers, 2021 at times felt like a treadmill of legislative change, workplace vaccination policies (do not call it a mandate unless employers are forcibly injecting employees…), and helping employers plan to keep their workplaces safe.
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Through the Looking Glass: 2022 BC Labour Law Forecast
February 3, 2022
It is the start of a new year and we are ready to look ahead. In B.C., we are anticipating some significant labour decisions in 2022, which could be consequential for unionized workplaces. Join us as we fall down the rabbit hole of Charter challenges and vaccination policies.
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