ArticleB.C. Pay Transparency Act – UpdateThe Pay Transparency Regulation, B.C. Reg. 225/2023 is now available and provides more information about the pay transparency reports that are required under the new legislation.CanadaEmployment and HRRoper Greyell LLP
ArticleCourt Rules Employment Contract Not Frustrated By COVID-19 Pandemic: Employer Ordered To Pay $64,000 In Damages For Wrongful DismissalFanzone v. 516400 B.C. Ltd. o/a Shady Tree Neighbourhood Pub, 2022 BCSC 2089 is the latest decision of the B.C. Supreme Court to consider the doctrine of frustration of contract...CanadaEmployment and HRRoper Greyell LLP
ArticleEmployee Reinstated Despite "Ongoing Pattern Of Disrespect" For Employer's COVID-19 Safety ProtocolsIn the recent decision of Trillium Health Partners v. CUPE, Loc. 5180, 2021 CanLII 127 (Jesin), an Ontario arbitrator, Norm Jesin, reinstated an employee to employment after he was suspendedCanadaEmployment and HRRoper Greyell LLP
ArticleExpiry Of Maximum Layoff Period Without Cause Termination: CERB Deducted From DamagesAngelo Luna Nicolas was a long-service employee at the Pan Pacific Hotel Vancouver, working as a house-person for 32 years with the hotel. HeCanadaEmployment and HRRoper Greyell LLP
ArticleGetting Back Together With An Ex: Constructive Dismissal And Offers Of Re-EmploymentIn the recently released Ontario Superior Court of Justice decision, Gent v. Strone Inc., 2019 ONSC 155, the Court reaffirmed that an employee's duty to mitigate CanadaEmployment and HRRoper Greyell LLP
ArticleRecord-Setting Damages Awarded By B.C. Human Rights Tribunal Following Racial DiscriminationThe complainant, Levan Francis, had been employed as a corrections officer since 2000.CanadaEmployment and HRRoper Greyell LLP
ArticleSettling Human Rights Complaints – What Not To DoWhen an employee makes a human rights complaint to the B.C. Human Rights Tribunal, the employee and the employer are permitted and even encouraged to settle such complaints.CanadaEmployment and HRRoper Greyell LLP
ArticleTaking Away Important Responsibilities For Misconduct: Arbitrator Substitutes Permanent Disciplinary Demotion For DischargeWhen considering potential discipline for poor performance, a novel labour arbitration decision suggests a demotion – a permanent disciplinary demotion – may be an appropriate response.CanadaEmployment and HRRoper Greyell LLP
ArticleThe B.C. ESA Has Changed: What's New And What's ComingBritish Columbia's NDP government recently moved forward with some significant changes to the province's Employment Standards Act ("ESA").CanadaEmployment and HRRoper Greyell LLP
ArticleThe Need To Notify: Evidence Ruled Inadmissible Due To Privacy ViolationThe importance of providing notice to employees prior to collecting and using employee personal information is highlighted in Zelstoff Celgar Ltd. v. Public and Private Workers of Canada, Local 1...CanadaEmployment and HRRoper Greyell LLP
ArticleTo Bargain Or Not To Bargain? That Is Not The Question Under A Section 54 AnalysisUnder section 54 of the B.C. Labour Relations Code (the "Code"), if an employer introduces or intends to introduce a measure, policy, practice or change that affects the terms...CanadaEmployment and HRRoper Greyell LLP
ArticleWhen An E-Mail Does Not "Find You Well": Just Cause Termination Not A Proportionate Response To Employee's Heated E-MailEmployers can be quick to assert that a single instance of employee misconduct is enough to discharge an employee for just cause.CanadaEmployment and HRRoper Greyell LLP
ArticleWhen Jurisdiction Goes Wvong: Complaint Barred From BC Human Rights Tribunal Due To Lack Of Connection With BCBC-based employers might hire employees who reside outside British Columbia. In those circumstances, the employers should take care to consider whether they are bound by the BC Human Rights Code (the “Code”)...CanadaEmployment and HRRoper Greyell LLP
ArticlePost-Incident Drug Testing Policies In The Age Of CannabisWhat do low speed collisions, marijuana, and post-incident drug testing have in common? Those are the facts ...CanadaFood, Drugs, Healthcare, Life SciencesRoper Greyell LLP
ArticleB.C. Human Rights Tribunal Rules That Employer's Decision To Dismiss College Instructor For "Deeply Intolerant" Videos On YouTube Was Not DiscriminatoryIn Glebov v. Fraser International College, 2024 BCHRT 19, the B.C. Human Rights Tribunal (the "Tribunal") dismissed the human rights complaint of a college instructor who was terminated...CanadaGovernment, Public SectorRoper Greyell LLP
ArticleMind Your Manners: B.C. Human Rights Tribunal Orders Complainant To Pay $3,000 In Punitive Costs For Improper Conduct In The Complaint ProcessIn Dr. A. v. Health Authority, 2023 BCHRT 10, the B.C. Human Rights Tribunal ordered the complainant, Dr. A, to pay $3,000 in punitive costs for contravening the rules and orders of the Tribunal...CanadaGovernment, Public SectorRoper Greyell LLP
ArticleBill C-27: Federal Government Introduces Legislation Overhauling Canada's Federal Privacy LawsOn June 16, 2022 the Minister of Innovation, Science and Industry François-Philippe Champagne and the Minister of Justice and Attorney General of Canada David Lametti introduced Bill C-27, the Digital Charter Implementation Act (the "Act").CanadaPrivacyRoper Greyell LLP
ArticleBritish Columbia Announces Proposed Updates To The Freedom Of Information And Protection Of Privacy ActOn October 18, 2021, the Province announced significant proposed changes to the privacy legislation that governs public bodies.CanadaPrivacyRoper Greyell LLP
ArticleBritish Columbia Passes Bill 22 – Freedom Of Information And Protection Of Privacy Amendment Act, 2021On October 19, 2021, we wrote about the proposed changes to B.C.'s Freedom of Information and Protection of Privacy Act contemplated in Bill 22 – 2021.CanadaPrivacyRoper Greyell LLP
ArticleSignificant Changes Coming In 2023 For BC's Freedom Of Information And Protection Of Privacy ActThe Provincial government has recently confirmed the latest in a series of long-anticipated and significant changes to BC's Freedom of Information and Protection of Privacy Act ("FIPPA").CanadaPrivacyRoper Greyell LLP