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  • Article

    Privacy Versus Public Interest: Anonymity At The B.C. Human Rights Tribunal

    Complaint proceedings before the B.C. Human Rights Tribunal (the "Tribunal") are presumptively public.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Protection From Patrons: Protecting Employees From Sexualization In The Workplace

    Employers 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 HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Ready, Fired, Aim? A Flawed Strategy

    When facing the difficult decision to end an employee's employment for cause, it is very important not to jump to conclusions.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Refusal Of Unsafe Work: Lessons Learned From SARS

    As 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 HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Right To Refuse Unsafe Work – Federal Developments

    In 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 HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Search Of Employee's Private Social Media Amounts To Privacy Breach, "Tainting" Misconduct Investigation

    In 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 HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Sex And Family Status Discrimination Substantiated By Employer's Preference For Replacement Employee

    In 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 HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    The Importance Of Conducting Fair Workplace Investigations

    The 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 HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    The 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 HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Truth And Reconciliation With First Nations Implications For Employers

    It 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 HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Uncertain Changes And A Strained Relationship Do Not Amount To Constructive Dismissal

    Reza 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 HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    When Workplace Arguments Heat Up: The Unintentional Dismissal

    The 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 HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Which Absences Properly "Count" For Attendance Management

    The 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 HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    British Columbia Exemption From The Controlled Drugs And Substances Act: Considerations For Employers

    As 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 Sciences
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Announcement Of Reforms To The Temporary Foreign Worker Program

    On April 29th, 2013, the Government of Canada introduced several reforms to the Temporary Foreign Worker Program.
    CanadaImmigration
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Challenges With Removing A Matter From Fast Track Litigation

    Fast track litigation limits the recovery of legal costs to $11,000, unless the court orders otherwise.
    CanadaLitigation, Mediation & Arbitration
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Lessons From B.C. Human Rights Tribunal Decision Lau v. Village Food Markets

    In response to COVID-19, the B.C. Human Rights Tribunal (the “Tribunal”) experienced a flood of complaints related to mask mandates.
    CanadaMedia, Telecoms, IT, Entertainment
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Accommodation Requires More Than Insisting On A “100% Fit” Employee

    The 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 HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Failure To Swiftly And Properly Investigate Complaint Of Sexual Harassment Costs Employer $65,000

    A 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 HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Intimate 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 HR
    Roper Greyell LLP
    Roper Greyell LLP

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