Tag: British Columbia Human Rights Tribunal

Clarification not required when accepting disabled employee’s resignation

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 […]

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Taking the high road: Marijuana at work could trigger obligations to question

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 […]

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No more human rights forum shopping?

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 […]

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Employee who talks about settlement gets less

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?

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Company Owner’s Sexting Costs Him and His Business

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 […]

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A Shaved Head and Microwave Food Policy — Human Rights Violations?

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 […]

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Preaching on the Job Results in Termination for Cause

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 […]

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Managing LTD Claims: Less Pain, More Gain

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 […]

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