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What if the HR manager changes from protector to perpetrator?
he human resources (HR) department is often viewed as the department of an organization that has employees' backs in the event of a difficult working environment. However, sometimes, that may not be the case.
When are employment advertisements deemed discriminatory?
Publishing employment advertisements in British Columbia is a process that needs careful consideration. Employers might not realize that the wrong choice of words could lead to discrimination allegations.
What if employer and employee disagree about work-from-home?
Hybrid workplaces in British Columbia have given rise to many unanticipated questions for employers and employees. The answers to those questions often depend on the policies established by the employer at the beginning of the pandemic.
The Importance of Diversity in the Workplace
The beneficial effects of a diverse and inclusive workforce have been well-documented. Studies have repeatedly linked diversity and inclusion in the workplace to higher job satisfaction and better performance. Where an employer is able to cultivate this environment, it may result in a competitive advantage.
Employers’ duty to protect workers from workplace violence
It is generally accepted that violence in the workplace is “as deviant and unacceptable behaviour ..as it is in the community at large.”[1] The heightened vigilance in respect of violence in the workplace is also apparent in provisions of the British Columbia Workers Compensation Act (“Act”) and part 4 of the Occupational Health and Safety Policies (the “Policy”).
What makes wage differences based on sex a human rights claim?
In British Columbia, men and women who do the same work are entitled to the same remuneration. Unfortunately, even in this day and age, wage discrimination based on sex or gender continues in some workplaces. In these cases, workers may be entitled to seek relief by filing a human rights complaint.
Due Diligence and Identifying Workplace Hazards
Employers have a duty to provide their employees with a safe work environment. Section 21 of the Workers Compensation Act states that employers must remedy any workplace condition that is hazardous to the health or safety of their employees.
Workplace bullying and harassment: what British Columbia employers and employees should know
Workplace bullying and harassment happen more often than one can imagine, and their effects are vast. In a 2018 study conducted by Statistics Canada, 19% of women and 13% of men reported having experienced harassment in their workplace.
Frontline McDonald's workers victims of customer violence
The rise in incidents of violence against frontline workers in British Columbia and other provinces is a matter of concern. A recent incident at a McDonald's location was reportedly not the workers’ first exposure to violence. Staff at the branch said it was not an isolated incident but rather that they experience the wrath of customers almost every day.
Key Considerations for Employers when Conducting Terminations
Employers have the freedom to arrange their workforce as they believe is necessary. In some unfortunate instances, such as when the need to downsize operations, restructure a department, or increase efficiency, this may entail terminating an employee's employment.
Rejecting an accommodation request could be human rights violation
Many employees and their employers in British Columbia have been at odds about the need for accommodations due to circumstances brought about by the pandemic. A recent Ontario Human Rights Tribunal case involving an employee’s request for accommodation for childcare as a result of COVID-19 issues shows the importance of employees justifying their requests and employers giving the requests serious consideration.
Potential consequences of workplace race, colour discrimination
Employers have a duty to provide their employees with a workplace free of harassment and discrimination. This includes a positive duty for employers to provide their employees with necessary training and information regarding harassment policies, investigate bona fide complaints, and to provide affected employees with appropriate redress.
Employees must receive training in mitigating workplace violence
Workers in British Columbia are entitled to safe work environments, and employers must ensure their safety. The risks of workplace violence have increased significantly in recent years. Safety authorities require employers or supervisors to provide safety training and education to mitigate violence-related health and safety hazards.
Unpaid holiday and vacation pay lead to class action lawsuits
According to recent reports, several employers across Canada, including in British Columbia, find themselves facing class-action lawsuits. Employees are claiming significant amounts of unpaid holiday and vacation pay, stemming from years of systematic denial of statutory compensation.
Employee absence or abandonment?
Over the past year, many managers have had to adjust to supervising a remote team for the first time. This situation may naturally raise questions about proper managing procedure. For instance, managers may encounter challenges with keeping track of remote workers who seem to be absent but fail to explain their absence.
British Columbia workers can now receive paid leave to get vaccinated
British Columbia has been working to make it as easy as possible to get vaccinated against COVID-19. Earlier this year, the province launched an Immunization Plan, which enabled residents to conveniently schedule their vaccinations online.
Harassment in the Workplace
Conflict may arise in any working environment. If this conflict escalates, it may rise to the level of harassment and have a detrimental effect throughout the workforce. Fortunately, pursuant to BC employment laws, both employees and employers have duties to prevent and address allegations of harassment in the workplace.
Survey says employees reluctant to return to offices
There were few guidelines for changing from on-site to remote work more than a year ago. The same could be said about how to manage the return to on-site work. A recent survey suggests that many employees in British Columbia and across the country are not so keen to stop working from home.
How can employers keep track of employees’ vaccinations?
When it comes to reopening businesses in British Columbia, employers must consider several important matters. Occupational health and safety regulations mandate that workplace environments must be free of risks that could harm employees' health and safety. The vaccination status of a company's employees may be relevant in assessing risk in the workplace.
Severance pay is strictly regulated by rules and guidelines
Severance pay is a term used to describe money paid to employees whose employment is terminated by the employer. However, not everybody in such situations is entitled to severance pay, and the amount payable will depend on a number of considerations.