A lot of things have changed in workplaces since March 2020 when the COVID 19 pandemic began.
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 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 ...
In a recent decision of Hussey v. Bell Mobility Inc., 2022 FCA 95, the Federal Court of Appeal confirmed that there are two options for adjudicators when assessing damages in lieu of reinstatement in the context of unjust dismissal complaints. For context, federally regulated employees are protected by the Canada Labour Code (the “Code”), instead ...
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 ...
The BC Supreme Court recently confirmed the test for family status discrimination in the case of Gibraltar Mines Ltd. v Harvey, 2022 BCSC 385. Ms. Harvey and her husband were employed by Gibraltar Mines Ltd. near Williams Lake. They worked the same 12‐hour shifts. After she gave birth to her first child, Ms. Harvey and her ...
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 ...
A recent BC Supreme Court decision demonstrates that an employment contract does not necessarily need to be signed by the employee in order to be enforceable as long as there is clear evidence that the employee agreed to the terms in the contract. Facts In Asgari Sereshk v. Peter Kiewit Sons ULC, 2021 BCSC 2570, ...
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 ...
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 ...
