ArticleIs A Complainant No Longer Required To Show That Conduct Was "Objectively Unwelcome" To Substantiate A Claim Of Sexual Harassment?The complainant worked as a clerk at a convenience store.CanadaEmployment and HRRoper Greyell LLP
ArticleJust Cause "Cancellation"?Ever since the #MeToo movement, "cancel culture" has gained momentum, seeking to hold individuals accountable for abuses of power as well as sexual harassment and assault...CanadaEmployment and HRRoper Greyell LLP
ArticleMajor Clarification In Law Around Dismissal Of Non-Union, Federally Regulated Employees: Wilson v. Atomic Energy Of Canada Limited, 2015 FCA 17The Federal Court of Appeal recently clarified that without cause dismissals of employees covered by the Canada Labour Code (the "Canada Code"), such as those working in banking..CanadaEmployment and HRRoper Greyell LLP
ArticleRetirement Offers: When Are They Binding?In the B.C. Supreme Court case of Pringle v. Ritchie-Smith Feeds Inc., 2025 BCSC 1211, the Court provided clarity on what is required to make a retirement final and binding.CanadaEmployment and HRRoper Greyell LLP
ArticleThe Consequences Of An Innocent Covering E-mailNew technology has undoubtedly impacted the employment relationship. The relationship is changing and, perhaps more importantly, the way in which the relationship is conducted is changing.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
ArticleThere's An App For That!Many of us use applications (apps) in our daily lives – but what happens when an employer uses an app to manage its workforce?CanadaPrivacyRoper Greyell LLP
ArticleJust How Much Might Those Hurt Feelings Be Worth In British Columbia? BC Court Of Appeal Weighs InThe likelihood of parties in British Columbia coming to a mutually agreeable resolution of human rights disputes may have just become more unlikely as a result of the BC Court of Appeal's recent decision...CanadaEmployment and HRRoper Greyell LLP
ArticleArbitrator Allows Religious-Based Exemption From Covid-19 Mandatory Vaccination PolicyIn the recent case of B.C. Rapid Transit Co. v. Canadian Union of Public Employees, Local 7000 (Morzhakov Grievance), [2022] B.C.C.A.A.A. No. 114 (Noonan), Arbitrator Randall Noonan...CanadaCoronavirus (COVID-19)Roper Greyell LLP
ArticleBC Human Rights Tribunal Confirms That The Duty To Accommodate Does Not Extend To Providing Employees With Unproductive WorkIn Kelly v. Saputo Dairy Products Canada, 2021 BCHRT 128, the BC Human Rights Tribunal dismissed a complaint made by a former employee claiming that his employer failed to take adequate steps...CanadaEmployment and HRRoper Greyell LLP
ArticleCareer Employee Dismissed For Just CauseIn the recent case of Basic v. Solid Rock Steel Fabricating Co. Ltd., 2025 BCSC 287, the B.C. Supreme Court upheld the dismissal of a 57-year old project manager with over 20 years...CanadaEmployment and HRRoper Greyell LLP
ArticleHot Mic Catches Ref OffsideIn March, referee Tim Peel was captured on a hot mic boasting about calling a penalty because he "wanted to." In less than 24 hours, Peel's employment with the National Hockey League (NHL) had been terminated.CanadaEmployment and HRRoper Greyell LLP
ArticleInterpreting Section 64 Of The BC Employment Standards Act: When Does Termination Occur For Employees With Recall Rights?On January 9, 2023, the BC Labour Relations Board released its decision in the matter of Canadian Forest Products Ltd. (MacKenzie Wood Products Division) -and- Pulp, Paper and Woodworkers of Canada, Loc. No. 18, 2023 BCLRB 5.CanadaEmployment and HRRoper Greyell LLP
ArticleTermination For Failure To Comply With Attendance Policy Not DiscriminatoryIn Rajuc v. Omega Tool Corp., 2017 HRTO 818, the Ontario Human Rights Tribunal provided employers with valuable guidance regarding how to deal with workplace attendance problems.CanadaEmployment and HRRoper Greyell LLP
ArticleBots In The HR Department: Recruitment In The Age Of Generative AIAlthough artificial intelligence (AI) tools have been available to human resources (HR) departments for many years, the November 2022 release of OpenAI's ChatGPT...CanadaLaw Practice ManagementRoper Greyell LLP
ArticleCOVID-19-Related Misconduct Is Nothing To Sneeze AtIn a decision issued on May 10, 2021[1], Arbitrator Paul Love dismissed a discipline grievance related to COVID-19-related misconduct. CanadaCoronavirus (COVID-19)Roper Greyell LLP
ArticleCOVID-19 Update – March 19, 2020On the morning of March 18, 2020, we published an information bulletin to provide information, and address some of the most common questions faced by employers regarding the COVID-19 pandemic.CanadaCoronavirus (COVID-19)Roper Greyell LLP
ArticleConsider This: A Fresh Look At The Legal Need For ConsiderationThe B.C. Court of Appeal may recently have offered an answer to a question that has always vexed employers.CanadaEmployment and HRRoper Greyell LLP
ArticleDealing With Employees Who Deny Unfitness To WorkA roadmap for dealing with disabled employees who are unfit for active employment, but who deny being unfit, is detailed in Kelfor Industries Ltd. v. United Steelworkers, Local 2009 ...CanadaEmployment and HRRoper Greyell LLP
ArticleDoctrine Of Res Judicata: Applied With Reference To The ContextIn the recent case of Kurik v. CAS Ventures Ltd, 2023 BCSC 488, the B.C. Supreme Court considered the doctrine of res judicata in the context of related claims – one being pursued in the courts and the other having already been pursued before the B.C.CanadaEmployment and HRRoper Greyell LLP