Posts in Human Rights.

In British Columbia (Human Rights Tribunal) v. Gibraltar Mines Ltd., 2023 BCCA 168 (“Gibraltar Mines”), the British Columbia Court of Appeal (“BCCA”) recently resolved much of the uncertainty surrounding the test for prima facie family status discrimination in B.C.

A five-judge panel of the BCCA unanimously held that the test for prima facie family status ...

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Mask wearing indoors has become a ubiquitous part of the COVID-19 experience. The B.C. government mandated mask wearing in November of 2020 for most indoor public settings. Those orders are premised on face coverings helping to prevent, respond to or alleviate the spread of COVID‐19, when used with other protective measures. Some members of our society have physical ...

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The new Work Place Harassment and Violence Prevention Regulations, SOR/2020-130 (the “Regulation”) and corresponding changes to the Canada Labour Code (the “Code”) come into force on January 1, 2021. The amendments introduce significant changes to how federally regulated organizations are required to prevent and address workplace harassment and violence ...

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In Dumitrache v. Glenlyon-Norfolk School Society, 2019 BCHRT 68 (“Dumitrache”), the British Columbia Human Rights Tribunal dismissed a complaint because the complainant had signed a release of claims, which included a term that he would not commence any human rights complaint against his former employer. This case is a good reminder for employers to ensure that ...

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Employers are increasingly concerned about preventing sexual harassment in the workplace – not only to ensure that all workers are given an equal opportunity to thrive in a safe and respectful workplace environment, but also because of concerns around vicarious liability, class actions, and PR scandals.

Based on our experience advising clients with respect to ...

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Brianne Duke filed a BC Human Rights Tribunal complaint, 2018 BCHRT 283, that when shopping at a grocery store operated by Sobey’s in Burnaby, she was approached by an employee who told her inappropriate jokes referencing sex. Ms. Duke alleged that the behaviour by the Sobey’s employee amounted to discrimination on the basis of sex contrary to the (British Columbia ...

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On November 1, 2018, the British Columbia Government tabled Bill 50, Human Rights Code Amendment Act, 2018.  The Bill would amend the Human Rights Code to reflect the recommendations contained in the December 2017 report of the Parliamentary Secretary of Sport and Multiculturalism, “A Human Rights Commission for the 21st Century: British Columbians Talk About Human ...

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Last week we posted, “Changes to Labour Relations Code Proposed in New Report” where we outlined some notable recommendations in the panel’s report for amendments to the provincial labour relations code.

This post serves as a reminder to federally-regulated employers of upcoming amendments to the Canada Labour Code (“Code). 

These amendments include:

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    A former flight attendant of WestJet, Mandalena Lewis, has commenced a class action lawsuit on behalf of a proposed class of WestJet employees, alleging that the company breached its promise to provide a harassment-free workplace.

    Ms. Lewis alleges that she suffered sexual assault at the hands of a pilot who had previously engaged in similar behaviour with another flight ...

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    Posted in Human Rights

    In today’s Supreme Court of Canada decision in British Columbia Human Rights Tribunal and Schrenk, a split court held that British Columbia’s Human Rights Code provides protection to employees from the discriminatory conduct of persons unrelated to their own employer, provided that the discriminatory conduct arose in their employment setting.

    The facts of the case ...

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    About Us

    Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits. 

    Legal Disclaimer: The information made available on this webpage is for information purposes only. It does not constitute legal advice, and should not be relied on as such. Please contact our firm if you need legal advice or have questions about the content of this webpage. 

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