BC Court says mandatory vaccination policy was reasonable

04. October 2022 0
In Parmar v Tribe Management, a BC Supreme Court judge had to consider whether a mandatory vaccination policy was reasonable.  This is the first decision in BC where a judge decided this question in a non-union setting.  Facts The plaintiff, Ms. Parmar, was an accounting professional.  The employer, Tribe Management, provided condominium management services.  Its ...

A narrow job search can be a failure to mitigate

29. August 2022 0
A recent BC Supreme Court case highlights how employees have an obligation to mitigate their damages by searching for comparable employment after termination. The case also confirms that 24-months is the upper limit of common law reasonable notice in BC. Facts In Okano v. Cathay Pacific Airways Limited, 2022 BCSC 881, the plaintiff, Ms. Okano, was ...

Why You Need To Use the Correct Pronouns for Your Employees

In the recent Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137 case, the BC Human Rights Tribunal (“Tribunal”) considered a complaint by an employee who asked to be addressed by “they/them” pronouns.    The employee, Jessie Nelson, was a non-binary person who used they/them pronouns.  Jessie worked at a ...

Mandatory vaccination policy found to be reasonable

In a March 17 arbitration award, yet another Ontario arbitrator found a mandatory vaccination policy to be reasonable. In Unifor Local 973 and Coca-Cola Canada Bolling Limited the arbitrator reviewed the significant impact that COVID-19 had had on the workplace including the death of two employees and 13% of employees testing positive for COVID-19 in ...

Can your employees collect severance from your affiliated companies?

31. March 2022 0
A recent decision from the Ontario Court of Appeal provides clarification on when the common employer doctrine will make a corporation liable for amounts owing to an individual employed by a related corporation. The plaintiff, Mr. Reilly served as CEO for both ClearMRI Solutions Ltd. (“ClearMRI Canada”) and ClearMRI Solutions, Inc. (“ClearMRI US”). Mr. Reilly’s ...

Even innocent mistakes can lead to punitive damages

29. March 2022 0
In Moffatt v Prospera Credit Union, 2021 BCSC 2463, Ms. Moffatt commenced an action against her former employer, Prospera Credit Union (“Prospera”) for wrongful dismissal. She had been terminated without cause. Prior to her termination, Ms. Moffat had been employed as a Financial Services Associate under different contractual arrangements. She had worked casual, part time, and ...