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  • Article

    B.C. Supreme Court Decision Reminds Employers That Probationary Period Is Not Carte Blanche To Dismiss Employee With No Strings Attached

    In Ly v. British Columbia, 2017 BCSC No. 43, the plaintiff, Phuc Ly, was hired as a manager for the employer. His employment was terminated after approximately 2.5 months.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Employer Dismisses Pregnant Employee Based On Facebook Post: Ontario Human Rights Tribunal Awards $37,849 To Complainant

    In Iskander v. 2363327 Ontario Incorporated and Primeau, 2024 HRTO 1122, the Ontario Human Rights Tribunal allowed a complaint alleging prohibited discrimination in employment on the basis of sex...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Employer Obligations On Election Day

    A federal election will be held on Monday, October 21, 2019. As a service to our clients and other interested parties, we are publishing this bulletin on the obligations owed by employers
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Resolving Complaints In Multiple Forums

    Mr. Sebastian was employed by Vancouver Coastal Health Authority ("VCHA") as a medical imaging technologist. He was represented in his employment by the Health Services Association...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Unreasonable Conduct Before The Tribunal Can Result In Costs

    This decision concerns judicial review of a costs award by the British Columbia Human Rights Tribunal, under section 37(4) of the B.C. Human Rights Code.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Unconscionability In The Gig Economy: Ontario Court Of Appeal Tackles Uber's Mandatory Arbitration Clause

    The Ontario Court of Appeal recently issued a decision in Heller v. Uber Technologies Inc., 2019 ONCA 1
    CanadaLitigation, Mediation & Arbitration
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Watching Out For Privacy: Limitations On Employer Video Surveillance

    In Rehn Enterprises Ltd. v. United Steelworkers, Local 1-1937, 2024 CanLII 72130 (de Aguayo), Arbitrator Jacquie de Aguayo found numerous privacy and procedural breaches related to the installation of video surveillance...
    CanadaPrivacy
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Paid COVID-19 Leave Now, And Paid Sick Leave In 2022

    Bill 13 Employment Standards Amendment Act (No. 2), 2021 ("Bill 13") received Royal Assent on May 20, 2021. Bill 13 is an amendment to the British Columbia Employment Standards Act (the "ESA")...
    CanadaCoronavirus (COVID-19)
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    B.C. Court Of Appeal Unequivocally Affirms Test For Family Status Discrimination

    In my opinion, [the concept of family status] cannot be an open-ended concept … for that would have the potential to cause disruption and great mischief in the workplace ….
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Employer Obligations On Election Day

    A federal general election will be held on Monday, April 28, 2025.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Human Rights Tribunal Confirms Employers Continue To Drive The Bus

    In Adair v. Forensic Psychiatric Services Commission (No. 2), 2017 BCHRT 147, the B.C. Human Rights Tribunal revisited what accommodation looks like in the employment context.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Not Every Failed Return To Work Is A Failure Of The Duty To Accommodate

    In Gaucher v. Fraser Health Authority and others, 2019 BCHRT 243, the Human Rights Tribunal dismissed without a hearing the human rights complaint of a nurse regarding her attempts to return...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Refusal Of Unsafe Work

    The right to refuse unsafe work is one of the core protections extended to workers in BC by Occupational Health and Safety Regulation ("OHS Regulation") pursuant to the Workers' Compensation Act...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Tips To Make Your Holiday Party A Success

    It’s that time of year again! Your organization is just about to hold its annual holiday party.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Unexpected Costs Of Employee Relocation

    Recently, in Nowlan v. Canada (Attorney General) 2022 FCA 83, the Federal Court of Appeal considered an employer's duties towards employees in the event of employee transfers.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    "Move" With Caution – A Reminder To Local Elected Councils And Boards Of The Complexities Of Censure And Sanction Motions

    The decision of the BC Supreme Court in Paull v. Quesnel (City), 2025 BCSC 347 adds to the growing line of cases regarding censure and sanction of local government councils and boards.
    CanadaLitigation, Mediation & Arbitration
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Conduct Of Transgender Complainant Leads To Dismissal Of Complaint Of Discrimination In The Provision Of Waxing Services

    Jessica Yaniv is a transgender woman who filed seven human rights complaints against multiple defendants relating to the denial of waxing services. In five cases, she requested waxing of her scrotum
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Employer Must Take Meaningful Steps To Confirm Voluntary Resignation Or Risk Paying Damages For Wrongful Dismissal

    In the recent decision of Burd v. Tahtsa Timber Ltd., 2022 BCSC 1372, the BC Supreme Court confirmed that an employer cannot simply assume that an employee has voluntarily resigned from his or her employment.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Labour Arbitration Preferred Over Human Rights Adjudication

    A recent decision out of Manitoba, Northern Regional Health Authority v. Manitoba (Human Rights Commission), 2016 MBQB 89...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Managing Mental Health In The Workplace

    Employers often face unique challenges when dealing with employees who suffer from mental health issues. This article highlights the essential points of an employer's duty...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP

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