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  • Article

    Employer Held Responsible For Health Agent's Improper Diagnoses Resulting In Privacy Breaches

    In ATCO Electric Ltd. v. Canadian Energy Workers' Assn. (Concerning Drug and Alcohol Testing Grievance), [2024] A.G.A.A. No. 49 (applications for review dismissed, 2025 ALRB 93)...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Employer Pays For Shoddy Workplace Investigation

    It was impossible for Mr. Lau to deal with the allegations against him. It was impossible for him to properly defend himself; from the outset the bank believed that the client told the truth.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Successorship In Contract Retendering

    In Everclean Facility Services Ltd., 2022 BCLRB 14 ("Everclean Facility Services"), the BC Labour Relations Board (the "Board") considered a trade union's application for leave and reconsideration...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    The Significant (And Avoidable) Costs Of A Poorly Run Workplace Investigation

    A recent decision of the Ontario Court of Appeal acts as a cautionary tale for all employers when it comes to conducting (or not conducting) workplace investigations.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Be Careful What You Text – It Might Be A Binding Contract

    In Kambere v. Castillo, 2024 BCCRT 1224, the B.C. Civil Resolution Tribunal (the "CRT") determined that the applicant, Kambere, and the respondent, Young, entered into a binding contract...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Employee's Desire To Return To Work After Extended Medical Leave Not Enough To Trigger Duty To Accommodate

    In Katz et al. v. Clarke, 2019 ONSC 2188, the plaintiff had been hired by the defendant in 2000 as a front store manager. He had gone on sick leave due to a disability in July 2008
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    If You Want To Collect And Use Employee Personal Information For Disciplinary Purposes, You Better Make Sure It's Done Properly Or You Could Be Liable For Damages

    In a preliminary decision, a B.C. arbitrator confirmed his authority to award damages for an employer's breach of the provisions of B.C.'s Personal Information Protection Act ("PIPA") relating to the collection and use of employee personal information.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Two Significant BC Labour Code Changes: Card Certification Is Back & Open Season Is Declared In The Construction Industry For Raiding Unions

    On April 6, 2022, Bill 10 – 2022 Labour Relations Code Amendment Act, 2022 ("Bill 10") received first reading. Once in effect, Bill 10 will cause two significant amendments to the BC Labour Relations Code (the "Code").
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Bill C-27: Summary Of Key Proposed Changes

    On June 16, 2022, the federal government introduced Bill C-27, "An Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence...
    CanadaPrivacy
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    $75,000 Award For Injury To Dignity = "Patently Unreasonable"

    In January 2014, we reported on Kelly v. University of British Columbia (No. 4), 2013 BCHRT 302, a case in which the B.C. Human Rights Tribunal (the "Tribunal") more than doubled its previous record...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    BC Arbitrator Orders "Make Whole" Remedy After Union Invokes Doctrine Of Double Jeopardy

    In School District No. 73 v. BCTF (Wasylik Grievance) a recent British Columbia labour arbitration case, Arbitrator Ken Saunders issued a supplementary award.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    BC Court Of Appeal Restores Human Rights Tribunal Decision To Dismiss Complaint

    In Francescutti v. Vancouver (City), 2017 BCCA 242, the British Columbia Court of Appeal restored a human rights tribunal decision to dismiss a complaint brought by a former City of Vancouver employee.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    BC Employment Standards Tribunal Awards "Service Charges" As Gratuities To Employees

    Star Limousine Service Ltd. ("Star") is a limousine business operating in Vancouver, British Columbia.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Campbell River Test Affirmed Once Again: It Is The Test In BC When Determining Entitlement To Accommodation On The Basis Of Family Status

    In its 2019 decision in Envirocon Environmental Services, ULC v. Suen, 2019 BCCA 46, the BC Court of Appeal confirmed that the Campbell River test remains good law in British Columbia.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Canada Labour Code Amendments In Effect September 1: What You Need To Know

    Federally-regulated employers take note: significant changes to employment standards under the Canada Labour Code come into effect on September 1, 2019.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Estopped In The Name Of Benefits: Past Practice Prohibits Dismissal Of Employees On Long-Term Disability

    In the unionized workplace, an employer may dismiss an employee for non-culpable absenteeism (also known as "innocent absenteeism" or "non-culpable cause")...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Health Spending Accounts Not Sufficient To Meet ESA Sick Leave Requirements

    A British Columbia arbitral decision is the most recent in a developing line of authority cautioning BC employers that sick days conferred under the Employment Standards Act, R.S.B.C. 1996...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Jurisdictional Issues In Maritime Employment Law

    The Federal Court of Canada's recent decision in Konteft v. Lower Lakes Towing Ltd., 2024 FC 96 (CanLII) confirms that maritime employment law requires careful consideration of jurisdictional issues.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Modern Family (Status): Court Of Appeal Clarifies Test For Family Status Discrimination In B.C.

    A five-justice division of the B.C. Court of Appeal has just issued an important, unanimous decision on the applicable test to address claims of discrimination in employment...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Tribunal Costs Award Goes Against Complainant

    A recent decision in Singh v. Revera Home Health, [2015] B.C.H.R.T.D. No. 800 by Chair Bernd Walter of the B.C. Human Rights Tribunal will be of interest to users of the human rights system...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP

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