ArticlePrivacy Versus Public Interest: Anonymity At The B.C. Human Rights TribunalComplaint proceedings before the B.C. Human Rights Tribunal (the "Tribunal") are presumptively public.CanadaEmployment and HRRoper Greyell LLP
ArticleProtection From Patrons: Protecting Employees From Sexualization In The WorkplaceEmployers have a duty to protect employees from sexualization in the workplace by patrons and customers, even if that means removing or banning individuals with an alleged mental disability ...CanadaEmployment and HRRoper Greyell LLP
ArticleReady, Fired, Aim? A Flawed StrategyWhen facing the difficult decision to end an employee's employment for cause, it is very important not to jump to conclusions.CanadaEmployment and HRRoper Greyell LLP
ArticleRefusal Of Unsafe Work: Lessons Learned From SARSAs British Columbia moves from Phase 2 into Phase 3 of its Restart Plan, employees will increasingly be asked to return to work and resume work as before...CanadaEmployment and HRRoper Greyell LLP
ArticleRight To Refuse Unsafe Work – Federal DevelopmentsIn BC, a worker has a right to refuse work if he/she "has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person" pursuant to Section 3.12(1)...CanadaEmployment and HRRoper Greyell LLP
ArticleSearch Of Employee's Private Social Media Amounts To Privacy Breach, "Tainting" Misconduct InvestigationIn the recent case of Canadian Broadcasting Corporation v Canadian Media Guild, 2021 CanLII 761 (Slotnik), a BC arbitrator reinstated an employee who had been fired for cause after his employer...CanadaEmployment and HRRoper Greyell LLP
ArticleSex And Family Status Discrimination Substantiated By Employer's Preference For Replacement EmployeeIn LaFleche v. NLFD Auto Ltd. dba Prince George Ford (No. 2), 2022 BCHRT 88, the BC Human Rights Tribunal (the "Tribunal") awarded $78,625 to a complainant after finding that she suffered...CanadaEmployment and HRRoper Greyell LLP
ArticleThe Importance Of Conducting Fair Workplace InvestigationsThe use of workplace investigations in situations where employees are dismissed for just cause has received considerable attention from the courts in recent years, with the decision of the British Columbia...CanadaEmployment and HRRoper Greyell LLP
ArticleThe Test For Toxicity: What Constitutes A Poisoned Workplace?With the recent report of a toxic work environment at Rideau Hall and the subsequent resignation of former Governor General Julie Payette, the issue of what constitutes a poisoned workplace...CanadaEmployment and HRRoper Greyell LLP
ArticleTruth And Reconciliation With First Nations Implications For EmployersIt can start with a knock on the door one morning. It is a local Indian agent, or the parish priest, or, perhaps, a mounted police officer.CanadaEmployment and HRRoper Greyell LLP
ArticleUncertain Changes And A Strained Relationship Do Not Amount To Constructive DismissalReza Baraty alleged he was constructively dismissed from his position with Wellons Canada Corp. ("Wellons"). He considered: (1) his position to have been eroded...CanadaEmployment and HRRoper Greyell LLP
ArticleWhen Workplace Arguments Heat Up: The Unintentional DismissalThe importance of maintaining composure in the heat of the moment, even in the face of insubordination or other defiant employee behaviour, is highlighted in Sweeting v. Mok, 2017 ONCA 203.CanadaEmployment and HRRoper Greyell LLP
ArticleWhich Absences Properly "Count" For Attendance ManagementThe Federal Court of Appeal recently overturned a decision of the Public Service Labour Relations and Employment Board (the "Board") concerning the National Attendance Management Policy...CanadaEmployment and HRRoper Greyell LLP
ArticleBritish Columbia Exemption From The Controlled Drugs And Substances Act: Considerations For EmployersAs of January 31, 2023, an exemption to the Controlled Drugs and Substances Act, S.C. 1996, c. 19 (the "Act") will allow adults in B.C. to possess small amounts of certain controlled...CanadaFood, Drugs, Healthcare, Life SciencesRoper Greyell LLP
ArticleAnnouncement Of Reforms To The Temporary Foreign Worker ProgramOn April 29th, 2013, the Government of Canada introduced several reforms to the Temporary Foreign Worker Program. CanadaImmigrationRoper Greyell LLP
ArticleChallenges With Removing A Matter From Fast Track LitigationFast track litigation limits the recovery of legal costs to $11,000, unless the court orders otherwise.CanadaLitigation, Mediation & ArbitrationRoper Greyell LLP
ArticleLessons From B.C. Human Rights Tribunal Decision Lau v. Village Food MarketsIn response to COVID-19, the B.C. Human Rights Tribunal (the “Tribunal”) experienced a flood of complaints related to mask mandates.CanadaMedia, Telecoms, IT, EntertainmentRoper Greyell LLP
ArticleAccommodation Requires More Than Insisting On A “100% Fit” EmployeeThe B.C. Human Rights Tribunal found that an employer discriminated against a long-term employee with a knee injury by insisting he return to his original role as a Second Cook...CanadaEmployment and HRRoper Greyell LLP
ArticleFailure To Swiftly And Properly Investigate Complaint Of Sexual Harassment Costs Employer $65,000A recent decision of the B.C. Human Rights Tribunal (the "Tribunal") demonstrates how important it is for employers to take meaningful and immediate action in response to complaints of sexual harassment.CanadaEmployment and HRRoper Greyell LLP
ArticleIntimate Photos Taken In The Workplace: Is There An Expectation Of Privacy?In MR v. SS, 2025 BCCRT 851, the BC Civil Resolution Tribunal (the “Tribunal”) examined the question of whether intimate photos taken by an employee in the workplace attract a reasonable expectation of privacy.CanadaEmployment and HRRoper Greyell LLP