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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
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.
Employment Standards Act Made Simple
For provincially regulated, non-unionized tourism employers, the Employment Standards Act of British Columbia (“ESA” or the “Act”) is probably the most important and frequently referenced piece of employment legislation. The purpose of this legislation is to provide the minimum standards, legal rights and responsibilities of both employers and employees.
Drug & Alcohol Dependency and the Employer’s Duty to Accommodate
Employees concerned with their alcohol and drug use or showing signs of dependency can significantly impact the workplace and negatively impact attendance, performance, behaviour and safety. Furthermore, given that British Columbia’s human rights legislation includes drug and alcohol dependencies within the meaning of disability under the Human Rights Code, employers have a legal obligation to accommodate these disabilities within their organization.
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.