CUPE Local 118 threatens to strike
When a union and an employer cannot reach an agreement, the possibility of employees striking often looms. Recently, a situation of this nature arose in Vancouver. The Alberni-Clayoquot Regional District and CUPE Local 118…
Workplace discrimination claims not limited to minority groups
Given that race is a protected ground under human rights legislation, workers who believe they have been discriminated against in the workplace because of their race can file a complaint against that employer.
Survey says workplace discrimination alive and well in Canada
For residents of multicultural Canada who have to go to work regularly, the fact that workplace discrimination is still occurs is unfortunate news. Despite the activity being illegal, a recent survey…
Advantages either side may have in employment litigation
In any employment dispute between an employer and an employee, the outcome is never predetermined. It is possible that either side could secure a ruling in its favour. That said, there are various reasons that at various points one side might be more likely to succeed than the other.
Not all claims filed with CHRT deemed discrimination
When employees in British Columbia feels that they were victims of discrimination in the workplace, they may be able to file a human rights complaint with the British Columbia Human Rights Tribunal, or with the Canadian Human Rights Commission.
Study reveals shockingly few employees read employment contract
Although it is not a universal practice, many employers require employees to sign an employment contract at the time of hire. Employment contracts may be short or long…
Workplace discrimination against LGBTQ workers not always obvious
Workplace discrimination is not always obvious. According to a study on Canada's workforce that was recently conducted, this is particularly true for members of the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community.
Discrimination claim initially denied by CHRC gets second look
Readers may be aware that there are laws in place in Canada that prohibit discrimination based on gender. Under those laws, among other things, the compensation a worker receives cannot be negatively impacted as a result of one’s gender.
BC Human Rights Tribunal fails to find discrimination in hiring
There are multiple grounds upon which employees and prospective employees assert complaints of discrimination in employment. While these claims mostly arise during the course of…
Using a lawyer to conduct a workplace investigation
Each day incidents arise at the workplace which may require an employer to investigate formally the allegations which arise. An alleged violation of human rights law and bullying and harassment complaints are where workplace investigations commonly arise, as well as in certain statutorily mandated situations.
Accommodating workers who use marijuana
Employers have a duty to accommodate workers who are disabled, up to the point of undue hardship or where a bona fide occupational requirement (BFOR) exists. The situations in which an accommodation…
Sexual harassment of female chefs in Canada in spotlight
Sexual harassment in the workplace is a serious issue which can have serious ramifications for employers and workers if it goes unaddressed. At present, the issue has arisen in Canada regarding the sexual harassment female chefs face in the workplace.
BCAA-ERS employees locked out following contract stalemate
Canadian and British Columbian workers are provided certain protections at law and expect certain things from their employers. For unionized workers, a union negotiates on behalf of its members…
Do employment codes of conduct cover off-duty behaviour?
Recently at a Toronto FC soccer game, a group of men heckled a female journalist in a vulgar manner. She confronted the men, and one of them, a Hydro One engineer, was subsequently fired…
B.C. Court of Appeal sides with province in dispute over teachers' bargaining rights
In 2002 legislation was passed that removed class size limits in schools in British Columbia. That legislation, called Bill 28, was deemed unconstitutional in 2011 because it stripped teachers' right to collectively bargain to have class sizes limited.
Lawsuit claims overworking led to death of poultry factory employee
B.C.'s Employment Standards Act (ESA) states that "an employer must not require or directly or indirectly allow an employee to work excessive hours or hours detrimental to the employee's health and safety.”
Severance packages at issue in Future Shop employment dispute
For employees and employers alike, layoffs and dismissals are among the most difficult employment-related matters…
Ensure that your restrictive covenants are fair and precise
Because information is the key to success for so many businesses, non-compete and non-solicitation clauses have become a common aspect of employment agreements in Canada. These kinds of restrictive covenants are meant to limit an employee's ability to start working for an employer's competitor or bolster a new employer's business by hurting that of the former employer.
Premier steps in after trade council sues BC Hydro
The Site C hydroelectric project planned for construction on the Peace River is the largest public infrastructure project in the history of the province. When complete, the $8 billion endeavor…
Are foreign workers in Canada being misled to think they are paying for jobs?
The rules regarding foreign labour recruitment vary across Canadian provinces. For example, in Alberta, recruiters are not allowed to collect a fee for finding employment for a foreign worker.