by Heather Hettiarachchi | Mar 10 | Blog |
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...
by Heather Hettiarachchi | Feb 25 | Blog |
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...
by Heather Hettiarachchi | Feb 19 | Blog |
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...
by Heather Hettiarachchi | Feb 12 | Blog |
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...
by Heather Hettiarachchi | Jan 25 | Blog |
When an employee is terminated without cause, the law requires the employee to mitigate his/her loss by diligently searching for alternative employment. In order to discharge this duty, the terminated employee must take steps that a reasonable person would take in the...
by Heather Hettiarachchi | Jan 23 | Blog |
In Adair v. Forensic Psychiatric Services Commission (No. 2), 2017 BCHRT 147, a decision of the B.C. Human Rights Tribunal (the “Tribunal”) in July of last year, the Tribunal made it clear that the employer’s duty to accommodate, does not extend to perfect...
