Statutory Rights Separate From Those in Employment Agreement
Employees are protected by two distinct sorts of rights. The first set is created under employment standards and other legislation (“statutory rights”). Some of the most basic employee entitlements are found in the BC Employment Standards Act (the ESA)
Supreme Court of Canada Sets Limits on Employer’s Duty to Accommodate
There is a limit to an employer’s duty to accommodate its disabled employees, the Supreme Court effectively confirmed in Hydro Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d’Hydro-Québec, section locale 2000 (SCFP-FTQ), 2008 SCC 43.
The Employment Standards Tribunal is an independent body from the Employment Standards Branch. The Branch is an investigative body, whereas the Tribunal is an adjudicative/judicial body. Employers or employees who are dissatisfied with determinations made at the Branch level may appeal to the Tribunal.
Section 53 provides that employees are entitled to up to three days of unpaid leave on the death of a member of the employee’s immediate family.
Supreme Court of Canada Expands Application of Constructive Dismissal Doctrine
In 2015, the Supreme Court of Canada revisited the law on constructive dismissal, which has had significant consequences for employers.
Bona Fide Occupational Requirement
As an employer, you may lawfully discriminate, based on an otherwise prohibited ground, if you can prove legitimate business reasons. However, you must be able to demonstrate that the workplace rule, policy, standard or criteria relied upon is a "bona fide occupational requirement."