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by David G. Wong In its recent decision in Razo v. Essilor Canada, 2017 BCHRT 133, the British Columbia Human Rights Tribunal dismissed the argument that an employer could not accept the resignation of a long-term disabled employee without making further inquiries. In this case, the complainant, Helen Razo, filed a complaint alleging discrimination on […]
by Cindy Switzer In a recent decision – Peterson v. The Mutual Fire Insurance Company of BC, 2017 BCHRT 21 (CanLII) – the British Columbia Human Rights Tribunal considered whether a corporate director who was told he could not serve a second term on the company’s board because he was over 69 years old, ought […]
by Cory Sully While access to medical marijuana has increased in Canada over the last few years, the consumption of medical marijuana has arguably become less taboo with the new Trudeau government’s pledge to eventually legalize and regulate this substance. In the summer of 2016, the government made the Access to Cannabis for Medical Purposes […]
By Kevin O’Neill, Q.C. How the British Columbia Human Rights Tribunal recently handled a retaliation complaint—where the employee was found to be not credible and unreasonable—should give employers pause.
By Lindsey Taylor A few weeks ago, we reported on the recent decision in Baker v. Navistar Canada Inc., which confirmed that unionized employees aren’t able to bring employment claims to court. Rather, these claims must be brought within the framework of the special legal relationship between the union and the employer, either by way […]
By Brian P. Smeenk It’s common practice across Canada, when settling a discrimination or wrongful termination claim, to agree that the deal will remain confidential. What can an employer do if employees fail to honor that agreement? What if they blab about the settlement to their coworkers?
By Hadiya Roderique Modern technology provides many new avenues for human rights violations. As recently learned by the owner of British Columbia-based Metro Aluminum Products, sending sexually-related text messages or photos electronically by mobile phones, also known as sexting, can get you into trouble. Sexting is getting widespread attention in the media. It’s no longer […]
By Sara Parchello It’s amazing the issues that pop up in front of human rights tribunals across Canada. Recently, the Manitoba Human Rights Commission was asked whether it is discriminatory to fire an employee for shaving her head. On an equally interesting level, the Ontario Human Rights Tribunal was asked whether it is discriminatory to […]
By Dominique Launay Dealing with an employee’s religious beliefs is a delicate matter, not only for employers but also for tribunals. The case Friesen v. Fisher Bay Seafood and others, 2009 BCHRT 1 demonstrates the importance of employers fulfilling their duty to accommodate to the point of undue hardship. In this case, an employee was […]
By Suzanne Porteous and Wendy Wang The bad news is that one of your employees has just commenced a long-term disability (LTD) leave. You may well have concerns like: (1) Will the employee ever return to work? (2) If so, when? (3) What accommodations would be needed to allow a return to work? (4) What […]