Legal Updates
Every so often the government or the courts change the law. These changes can change the way you do business and carry on your workplace relationships, so it’s important to stay up-to-date.
Protection Against Religious Discrimination Only Covers Religious Requirements
The BC Human Rights Code protects individuals from discrimination at work on the basis of religion. But there are limits to this protection. The case of Glebov v Fraser International College reminds us of what a complainant must prove in order to be successful in a human rights complaint.
New Pay Transparency Legislation in BC
Families struggling to balance work with childcare and eldercare obligations are getting more attention in the last few years. Recently, in British Columbia (Human Rights Tribunal) v Gibraltar Mines Ltd., the BC Court of Appeal issued an important legal decision that provides greater protection to families needing accommodation at work.
Expanded Legal Protection for Families
Families struggling to balance work with childcare and eldercare obligations are getting more attention in the last few years. Recently, in British Columbia (Human Rights Tribunal) v Gibraltar Mines Ltd., the BC Court of Appeal issued an important legal decision that provides greater protection to families needing accommodation at work.
Non-Compete Agreements Enforceable in BC
Quick Pass Master Tutorial School Ltd. v Zhao highlights that non-competition agreements are still enforceable in BC.
Time-tracking Software Catches Time Theft
If an employee is fired because they did something wrong (such as stealing from their employer) they might not be owed severance. That was the case in Besse v Reach CPA Inc.
CERB is Not Mitigation Income
In Yates v Langley Motor Sports Centre Ltd., the BC Court of Appeal concluded that payments an individual received under the Canada Emergency Response Benefit program (“CERB”) is not deductible from a wrongful dismissal severance award.
Mandatory Vaccination Policies
In Parmar v Tribe Management Inc., the BC Supreme Court considered whether placing an employee on an unpaid leave for violating an employer’s mandatory Covid-19 vaccination policy constitutes a constructive dismissal.
Human Rights: Gender Identity in the Workplace
In a recent British Columbia Human Rights Tribunal decision, Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, the Tribunal reviewed the importance of respecting gender pronouns and identity in the workplace, and how a failure to do so may constitute discrimination under the British Columbia Human Rights Code.
Federal Government Extends EI Sickness Benefits
Effective December 18, 2022, the Federal Government has permanently extended Employment Insurance (EI) sickness benefits from up to 15 weeks to up to 26 weeks.
Termination and Bad Faith
In Bailey v Service Corporation International (Canada) ULC, the BC Supreme Court reminded employers that bad faith conduct when terminating employees will be scrutinized, and may attract a significant damages award to deter such behaviour in the future.
COVID-19: BC Human Rights Updates
In the early stages of the COVID-19 pandemic, the British Columbia Human Rights Tribunal was flooded with complaints of discrimination relating to COVID-19 mask and vaccine mandates. This update will summarize a few of the early key decisions.
Paid Sick Leave
Effective January 1st, 2022, eligible employees in BC will be entitled to 5 days of paid sick leave per “employment year”.
COVID-19 and Frustration of Contract
In Verigen v Ensemble Travel Ltd, 2021 BCSC 1934 (“Verigen”), the BC Supreme Court considered whether the COVID-19 pandemic impacts an employee’s right to severance following their dismissal.
Dismissal, Duties of Good Faith and Bonus
We’ve known for a long time now: employers must act in good faith when dismissing employees.
Enforceability of Termination Clause
It is established law that a termination provision in an employment agreement must meet the minimum requirements of the Employment Standards Act.
Bad Faith Conduct in Wrongful Dismissal
In Valle Torres v Vancouver Native Health Society the court awarded a wrongfully dismissed employee 24 months severance and $30,000 in aggravated damages.
Family Status Protection for Parents
The British Columbia Human Rights Code protects employees who have competing work and family obligations from discrimination on the job. Put another way, the law prohibits employers from discriminating against their workers (including by firing them) because of their family status. However, this family status protection is narrower than other grounds of discrimination.
Midwives Subject to Gender Discrimination
The Ontario Human Rights Tribunal ruled that the Ontario government has been discriminating against Ontario midwives on the basis of sex as a result of the difference between the compensation paid to midwives and Community Health Care Clinic (CHC) physicians.
Drug and Alcohol Testing
The SCC decision in Stewart v Elk Valley Coal Corp highlights that employer drug and alcohol policies should address workplace safety concerns and also accommodation of employees with addiction.
Foreign Human Rights Violations
In Garcia v Tahoe Resources, 2017 BCCA 39, the BC Court of Appeal suggested that businesses with overseas operations may subject to increased scrutiny from Canadian courts for environmental and human rights abuses committed abroad.