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  • 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

    B.C. Human Rights Tribunal Confirms No Family Status Discrimination When Employee Is Required To Travel To Work: The End Of The Suen V. Envirocon Environmental Services Saga

    In what is expected to be the final chapter of the Suen v. Envirocon Environmental Services saga, the B.C. Human Rights Tribunal has followed the lead of the B.C. Court of Appeal.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Employer's Inaccurate Statement About Benefits Eligibility Results In Over $90,000 In Damages

    A misstatement by a manager regarding eligibility requirements for long-term disability benefits was found to be negligent and the employer was required to pay an employee who relied on that misstatement over $90,000 in damages.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Failing A Breathalyzer Test In A Company Vehicle: Just Cause For Dismissal?

    The B.C. Supreme Court recently determined in Klonteig v. District of West Kelowna, 2018 BCSC 124 that an assistant fire chief was wrongfully dismissed when his employer terminated...
    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

    Statutory Changes To Collective Bargaining Framework In British Columbia

    The laws that govern both unionized and non-unionized workplaces in British Columbia are changing. Bill 8, the Employment Standards Amendments Act, 2019, received its first reading in the B.C. Legislature on April 29, 2019.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    WorkSafeBC Decisions Provide Clarification Regarding Employer Actions Related To COVID-19 Safety

    Two recent WorkSafeBC cases provide guidance regarding unacceptable worker actions in the context of the COVID-19 pandemic and related health and safety issues.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Yet Another Turn In The Saga Of "Family Status" Discrimination

    Nothing worries clients more than to be told that the subject matter for which they require advice is "interesting". Interesting is often a synonym for expensive.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Vaccination Status And The "New Normal"

    As governments and businesses seek to avoid closures that have so heavily impacted the economy and everyday life, many are looking to vaccine passports and/or considering mandatory vaccination...
    CanadaCoronavirus (COVID-19)
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Supreme Court Of Canada Creates New Contract Law Duty: Duty Of Honest Performance

    In another recent decision of the SCC, Bhasin v Hrynew, 2014 SCC 71, the Court recognized a new common law contractual duty: the duty of honest performance.
    CanadaCorporate/Commercial Law
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    A Bad Termination Meeting Could Lead To An Unenforceable Release

    Employers often rely on signed releases after termination to ensure that employees cannot later sue them for wrongful dismissal.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Arbitrator Upholds Discharge Of Employee With Tobacco Addiction For Smoking At Work

    In a recent B.C. case, West Fraser Mills Ltd. v. Northern Interior Woodworkers' Assn. (Souter Grievance), [2020] B.C.C.A.A.A. No. 85 (Glass), an arbitrator upheld the discharge of an employee with...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Boilerplate Non-Competition Clauses Are No Protection At All

    The B.C. Court of Appeal recently clarified the analytical framework regarding the enforceability of non-competition clauses in the employment context.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Caution To Dismissed Employees: Stay In Your Own Lane

    Okano v. Cathay Pacific Airways Ltd., 2022 BCSC 881 is a recent B.C. Supreme Court decision that provides guidance on an employee's duty to reasonably mitigate his or her damage or losses on termination...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Discrimination Based On Religion In Not Hiring Unqualified Applicant

    On March 2, 2016, the BC Human Rights Tribunal issued the last of four decisions involving a complaint of discrimination against Amaruk Wilderness Corp. because it refused to hire the complainant...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Failure To Launch: A Cautionary Tale For Employers Arising From Chu v. China Southern Airlines Co. (c.o.b. China Southern Airlines), 2023 BCSC 21

    The British Columbia Supreme Court recently issued a scathing decision that serves as a warning to all employers about what not to do when purporting to terminate an employee for just cause.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Final Amendments To The B.C. Labour Relations Code, Now In Effect!

    Further to our May 2, 2019, update, on May 30, 2019 the Provincial Government passed Bill 30-2019, Labour Relations Code Amendment Act, 2019. Everything in the First Reading was accepted
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Firing An Employee? Be Nice.

    Mr. Lau sued for wrongful dismissal, as well as aggravated damages for the manner in which he was dismissed.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    How To Make One Year's Salary Without Working A Single Day

    In its recent decision in Quach v. Mitrux Services Ltd., 2020 BCCA 25 [Quach], the BC Court of Appeal offered some helpful guidance and clarity on several important employment law issues, ...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Major Apprenticeship Initiative Funded By Federal Government May Help Recruit And Employ New Workers

    The Federal Government's Apprenticeship Service is engaged in a large scale funding campaign, designed to increase apprenticeship opportunities and promote apprenticeships. It is also designed to increase diversity.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP

Showing 221–240 of 387 results

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