BC Human Rights
The Supreme Court Broadens the Limits of Workplace Discrimination: Schrenk v. British Columbia Human Rights Tribunal
The Supreme Court of Canada has addressed (and greatly widened) the scope of “employment” for purposes of human rights legislation in a decision issued on December 15, 2017. The case originated in British Columbia and involved a civil engineer (the “Complainant”) who was employed on a road improvement project. Like many construction worksites across Canada,… Continue reading The Supreme Court Broadens the Limits of Workplace Discrimination: Schrenk v. British Columbia Human Rights Tribunal
Human Rights Tribunal and Complaint Process
Human Rights Tribunal and Complaint Process All complaints are filed directly with the Human Rights Tribunal. The BC Human Rights Tribunal is an independent, quasi-judicial body, responsible for accepting, screening, mediating and adjudicating human rights complaints. The complaint process provides many opportunities to settle the dispute, including mediation, early intervention by tribunal staff and a… Continue reading Human Rights Tribunal and Complaint Process
Employers Duty to Accommodate Child-Care Obligations
On April 21, 2023, the British Columbia Court of Appeal broadened the BC test for discrimination based on family status, in the case of British Columbia (Human Rights Tribunal) v. Gibraltar Mines Ltd. 2023 BCCA 168. Since 2004, the leading case on family status discrimination in the province was Health Sciences Assoc. of B.C. v.… Continue reading Employers Duty to Accommodate Child-Care Obligations
Employers’ Obligations to Seasonal Employees
Employers in the tourism industry often employ seasonal employees during peak times. Though the BC Employment Standards Act (the “Act”) does not, for the most part, distinguish between seasonal and permanent employees, there are some important exceptions. Further, even when the Act applies equally to seasonal and other employees, the nature of seasonal employment, often during busy periods, may lead some employers to inadvertently overlook their legal obligations to such employees.
Discrimination based on Citizenship: New HRTO Decision Addresses the Convergence of Immigration and Employment Law
UPDATE: In a 2-1 decision, the majority of the Divisional Court of Ontario (the “Court”) overturned a Human Rights Tribunal of Ontario (“Tribunal”) decision which determined that permanent residency is intrinsically included under the protected ground of citizenship.
Accommodating Employees’ “Family Status”: A Legal Imperative?
In the era of the “sandwich generation”, many employees are balancing work with significant family obligations – caring for children, aging parents, or both. Many employers seeking to retain valued employees have been considering and implementing temporary or even permanent flexible work arrangements in an effort to assist employees in balancing their work and family responsibilities.
Defining Discrimination and the Proscribed Grounds
Discrimination occurs when individuals or groups of people are judged or treated differently on the basis of certain characteristics or stereotypes rather than on the basis of their individual merits or abilities.
Firing Pasta Maker a Recipe for Disaster
When Richard Flores began a two week medical leave from his job as a pasta maker, he had no reason to think his employment would be in jeopardy. Soon after his return to work from a bout of acute gout arthritis in his foot, however, Flores found himself out of a job.