Human Rights
OH CANNABIS
Cannabis has been legal since 2018, so here are 17 things you should know:
Managing Substance Use In The Workplace
BC’s tourism and hospitality industry is known for many things, including helpful, friendly, warm, welcoming staff who are always ready with a smile. Unfortunately, like many other sectors, substance use negatively affects our industry through absenteeism, lost productivity, and health and safety concerns. Whether dealing with an employee who is impaired on the job, taking… Continue reading Managing Substance Use In The Workplace
Doctor’s Notes: When Should An Employer Ask For One?
Is it OK to ask employees for a doctor’s note if they are off work due to illness? Do you have to wait a certain number of days before you can ask for a doctor’s note?
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
Employees’ Religious Needs: Accommodate Them or Face Costly Consequences
In many cases, the BC Human Rights Tribunal has awarded individual employees thousands of dollars in lost pay and damages when an employer did not accommodate their religious (not spiritual) needs. Know your legal obligations.
Discrimination on the Basis of Addiction? Not Where Employee Capable of Complying with Workplace Rules
In a decision released on June 15, 2017, the Supreme Court of Canada has held that an employer did not discriminate against an employee when it terminated his employment for failing to disclose his use of cocaine.
Dealing with Mental Health Issues in the Workplace
Frustrated by a labyrinth of privacy laws and human rights barriers, employers have become reluctant or sometimes unable to ascertain the mental health of their employees, including those that they suspect of being unstable. But today, Canadian employers are beginning to recognize the benefits and explore the opportunities.
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."