Integritas Workplace Law Blog
Cannabis in the Workplace and Employer Rights
In a recent decision, Aitchison v L&L Painting and Decorating Ltd., 2018 HRTO 238, the Ontario Human Rights Tribunal (the “Tribunal”) upheld the termination of an employee who was using cannabis at work, ostensibly for medical purposes. Background The employer was...
Mediating Workplace Sexual Harassment Complaints
On June 11, 2018, Stephen Quinn interviewed Heather Hettiarachchi on the CBC Early Edition on the topic of Mediating workplace sexual harassment complaints. The interview begins at 51:16 on http://www.cbc.ca/listen/shows/the-early-edition/episode/15550024
Termination for Off-Duty Conduct
In the recent decision of Klonteig v. West Kelowna (District), 2018 BCSC 124, the BC Supreme considered when an employer could terminate the employment relationship based on off-duty conduct. Background Mr. Klonteig was the Assistant Fire Chief for the City of West...
Mental Disorder Presumption – BC
The British Columbia Workers Compensation Amendment Act, 2018 (Bill 9) has received Royal assent and is now in effect. This legislation creates a mental disorder presumption for first responders who are exposed to traumatic events as part of their employment. The...
Medical Cannabis & Undue Hardship
In the recent decision of Lower Churchill Transmission Construction Employers' Association and IBEW, Local 1620, arbitrator John Roil, QC, dismissed a grievance where an employer, Valard Construction LP (the “Employer”) refused to hire an employee using medical...
Workplace Incivility
In today’s frenzied world, dominated by the unparalleled use of social media to viciously attack people, incivility appears to be on the rise in society at large, as well as in the workplace. While a rude, uncivil and inconsiderate work environment destroys morale and...
Can post-employment conduct constitute discrimination?
Is it possible for an employer's post-employment conduct to constitute discrimination? In BJ Simon and S Simon & Yukon Human Rights Commission v Rhonda Sallows, Owner, White Tornado Cleaning Services, the Yukon Human Rights Board of Adjudication (the “Board”)...
Does Income from Second Job Constitute Mitigation?
In a recent decision of the BC Court of Appeal, Pakozdi v. B & B Heavy Civil Construction Ltd., 2018 BCCA 23, the Court clarified when post-termination income from a second job counts as mitigation. BACKGROUND David Pakozdi, the respondent, was an experienced bid...
Noteworthy employment/human rights cases (BC 2017)
BCHRT v. Schrenk, 2017 SCC 62 In this decision, the SCC expanded the scope of the “workplace” in relation to human rights. This case involved M, a Muslim Iranian descent who worked for Omega and Associates Engineering Ltd., and S, a site supervisor who worked for...
No settlement, says Human Rights Tribunal
In The Employee v. The Company and the Owner, 2017 BCHRT 266, the B.C. Human Rights Tribunal (the “Tribunal”) refused to dismiss a complaint despite a settlement agreement between the parties. BACKGROUND The Complainant started working for the Company in May 2017 on...
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