The History of BC’s New Statutory Holiday

September 30 is the National Day for Truth and Reconciliation.  The origin of this day of recognition began with Orange Shirt Day, which is a legacy of the St. Joseph Mission Residential School Commemoration Project and Reunion events that took place in Williams Lake in May 2013.  The Reunion brought together former students and their ...

Punitive damages – when are they appropriate?

17. January 2023 0
Following up on my last blog post regarding Chu v. China Southern Airlines and an award of $100,000 in punitive damages against an employer for their conduct during the course of litigation, reasons for judgment in Fanzone v. 516400 B.C. Ltd. 2022 BCSC 2089 have been released.  The decision in Fanzone cautions that the employer’s ...

Award of Enhanced Damages

13. January 2023 0
The year has kicked off with an award of significant enhanced damages in a wrongful dismissal claim.  While it is not uncommon for dismissed employees to seek aggravated and punitive damages following their termination, these are damages that are not commonly awarded and when they are, they tend to be in modest amounts.  That trend ...

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 ...

Mandatory Vaccination policies – are they enforceable?

20. January 2022 0
A fourth arbitral decision in Ontario was released on January 4, 2022 that considered a company’s mandatory vaccination policy and whether it was enforceable.  In Bunge Hamilton Canada, Hamilton Ontario and United Food and Commercial Workers Canada, Local 175 the arbitrator found that the company’s blanket mandatory vaccination policy (Vaccine Policy) was reasonable.  This was ...

COVID Honesty in the Workplace

17. January 2022 0
Another arbitral decision from Ontario has confirmed that dishonesty during COVID screening protocols can lead to termination for cause.  While arbitration decisions are not binding on our courts, they do provide insight into the analysis that is likely to be undertaken when a similar set of facts is before the Court.