Resources

Legal Updates

Every so often the government or the courts change the law. These changes can change the way you do business and carry on your workplace relationships, so it’s important to stay up-to-date.

Erin Brandt Erin Brandt

CERB is Not Mitigation Income

In Yates v Langley Motor Sports Centre Ltd., the BC Court of Appeal concluded that payments an individual received under the Canada Emergency Response Benefit program (“CERB”) is not deductible from a wrongful dismissal severance award.

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Erin Brandt Erin Brandt

Mandatory Vaccination Policies

In Parmar v Tribe Management Inc., the BC Supreme Court considered whether placing an employee on an unpaid leave for violating an employer’s mandatory Covid-19 vaccination policy constitutes a constructive dismissal.

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Robyn Wall Robyn Wall

Human Rights: Gender Identity in the Workplace

In a recent British Columbia Human Rights Tribunal decision, Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, the Tribunal reviewed the importance of respecting gender pronouns and identity in the workplace, and how a failure to do so may constitute discrimination under the British Columbia Human Rights Code.

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Erin Brandt Erin Brandt

Termination and Bad Faith

In Bailey v Service Corporation International (Canada) ULC, the BC Supreme Court reminded employers that bad faith conduct when terminating employees will be scrutinized, and may attract a significant damages award to deter such behaviour in the future.

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Erin Brandt Erin Brandt

COVID-19: BC Human Rights Updates

In the early stages of the COVID-19 pandemic, the British Columbia Human Rights Tribunal was flooded with complaints of discrimination relating to COVID-19 mask and vaccine mandates. This update will summarize a few of the early key decisions.

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Erin Brandt Erin Brandt

Paid Sick Leave

Effective January 1st, 2022, eligible employees in BC will be entitled to 5 days of paid sick leave per “employment year”.

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Erin Brandt Erin Brandt

COVID-19 and Frustration of Contract

In Verigen v Ensemble Travel Ltd, 2021 BCSC 1934 (“Verigen”), the BC Supreme Court considered whether the COVID-19 pandemic impacts an employee’s right to severance following their dismissal.

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Erin Brandt Erin Brandt

Family Status Protection for Parents

The British Columbia Human Rights Code protects employees who have competing work and family obligations from discrimination on the job. Put another way, the law prohibits employers from discriminating against their workers (including by firing them) because of their family status. However, this family status protection is narrower than other grounds of discrimination.

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Erin Brandt Erin Brandt

Midwives Subject to Gender Discrimination

The Ontario Human Rights Tribunal ruled that the Ontario government has been discriminating against Ontario midwives on the basis of sex as a result of the difference between the compensation paid to midwives and Community Health Care Clinic (CHC) physicians.

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Erin Brandt Erin Brandt

Drug and Alcohol Testing

The SCC decision in Stewart v Elk Valley Coal Corp highlights that employer drug and alcohol policies should address workplace safety concerns and also accommodation of employees with addiction.

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Erin Brandt Erin Brandt

Foreign Human Rights Violations

In Garcia v Tahoe Resources, 2017 BCCA 39, the BC Court of Appeal suggested that businesses with overseas operations may subject to increased scrutiny from Canadian courts for environmental and human rights abuses committed abroad.

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