In Ziegler v. Pacific Blue Cross (No. 2), 2020 BCHRT 125, the BC Human Rights Tribunal (Tribunal) determined that Pacific Blue Cross (PBC) did not discriminate against Ms. Ziegler on the basis of family status when it imposed a change to her work schedule that impacted on her childcare arrangements. The Tribunal dismissed the complaint. ...
With the ongoing surge in COVID 19 cases employers need to be aware of their obligations. The recent Public Health Order which is in place from November 7 to 23, has imposed specific obligations on employers. Specifically, the order requires that: Employers must review their COVID-19 Safety Plans to ensure that they adequately protect workers ...
As the cases continue to rise in BC and across Canada, it may happen that one of your employees tests positive for COVID-19. These general principles should guide you if this happens. First, the infected employee should not be permitted to return to the workplace until they are clear of COVID-19. Second, in most ...
On November 7, in response to surging COVID 19 numbers, Dr. Bonnie Henry issued a Public Health Order placing further restrictions on British Columbians residing in the Greater Vancouver Regional District and the Fraser Health District. The order came after BC recorded 589 new COVID-19 cases on Friday and another 567 on Saturday. Dr. Henry ...
In Fraser v. Canada (Attorney General), 2020 SCC 28, the Supreme Court of Canada considered an allegation of “adverse impact” discrimination where an apparently neutral pension plan had a disproportionate impact on female RCMP members with children. The court’s broad interpretation of the equality rights in section 15 of the Charter has potentially far-reaching implications ...
In Tumber v. FlexiForce Canada and another, 2020 BCHRT 132, the BC Human Rights Tribunal accepted an employer’s argument that it had adequately handled an employee’s medical leaves and graduated return to work. Facts Mr. Tumber filed a human rights tribunal complaint against his employer, FlexiForce Canada Inc., alleging that they discriminated against him in ...
Many employers and businesses fail to put employment and contractor agreements in writing. They do this for a variety of reasons ranging from they don’t know how to draft the agreement to they don’t want to do it because they have a more informal workplace and they like it that way. Some businesses don’t want ...
Chung v Quay Pacific Property Management Ltd, 2020 BCSC 174 A recent decision from the BC Supreme Court, Chung v Quay Pacific Property Management Ltd, 2020 BCSC 174, shows that a short service employee (2 years of service) can receive a significant notice period (9 months) on termination without cause. FACTS The claimant was ...
The well-established factors that must be taken into consideration when assessing the amount of notice that a without cause terminated employee is entitled to include: age of the employee; nature of the employment; length of the employment; and availability of similar employment having regard to the experience, training and qualification of the employee. It is ...
The employee Costello brought a summary trial application for constructive dismissal on the basis that the employer ITB Marine Group Ltd. (“ITB”) breached its contract with her in three ways: 1) Removing all or substantially all of her duties; 2) Creating an unsafe working environment, including moving her to a new premises that was objectively ...
