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Employer’s decision to withdraw offer of employment was informed by unconscious bias and discriminatory, B.C. Human Rights Tribunal rules

2025-03-21T11:36:35-04:002025, British Columbia, Priority Alert|

The British Columbia Human Rights Tribunal held that a government agency's decision to withdraw a conditional offer of employment during its security screening process was discriminatory. While accepting that the complainant's adversarial tone and language throughout the security screening process provided a basis for the employer to question the complainant's suitability for the position, the Tribunal held that the decision to rescind her offer was influenced by a stereotypical perception of her as a non-compliant and overly demanding Indigenous woman, and did not constitute an impartial evaluation of her qualifications or conduct. Finding that the applicant would have successfully begun a probationary period but for the discrimination, the Tribunal awarded the complainant $36,812.48 in lost wages, representing the wages the complainant would have earned during the six-month probationary period, and $15,000 for injury to dignity.

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Some aspects of employer’s electronic monitoring policy were reasonable, others not, arbitrator rules

2025-03-17T10:31:07-04:002025, Priority Alert|

Allowing a grievance in part, an Ontario arbitrator ruled that some elements of a substance use treatment centre's electronic monitoring policy, introduced under Ontario's Working for Workers Act, 2022, were reasonable, while others were not. The arbitrator upheld the policy's provisions on monitoring cell phone use and e-mails, noting that, while these provisions required some clarification, they were nevertheless justifiable, as the policy clearly communicated the surveillance to employees, who had the option to use their own data rather than the employer's network and Wi-Fi. However, the arbitrator held that the policy was unreasonable in relation to network and internet use, finding the policy's monitoring of personal use on work-issued laptops to be excessive, since employees were permitted to use work-issued laptops for personal purposes outside of work hours, and ordered the parties to collaborate on revising this aspect of the policy to better balance employee privacy with the employer's legitimate business interests.

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Interest arbitrator awards Ontario doctors 6.95% catch-up and 3.0% normative increase for 2024–2025 in light of inflation and the repeal of public sector wage cap legislation

2025-03-17T10:30:56-04:002025, Ontario, Priority Alert|

In the context of provincial physician shortages, particularly in underserved communities, an interest arbitrator awarded Ontario doctors a 9.95% compensation increase for the first year (2024–2025) of the Physician Services Agreement between the Province of Ontario and the Ontario Medical Association. The arbitrator allocated 6.95% of this increase for non-retroactive catch-up, to address significant inflation and to compensate for the impact of the now-invalidated Bill 124 restricting compensation increases in the parties' previous negotiations, while the remaining 3% was designated as a normative increase, matching the amount awarded to other healthcare unions in the hospital sector for the same period.

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Arbitrator upholds dismissal of long-serving employee who wore mask with Islamophobic statement at work after making discriminatory comments

2023-04-28T14:56:47-04:00Alberta, Discharge and Discipline|

An Alberta arbitrator upheld an employee's dismissal for wearing a mask bearing an Islamophobic statement at work after making discriminatory comments about Asian and Muslim people. Finding that the employee, who had 20 years' service, deliberately and defiantly engaged in a series of discriminatory acts in the workplace over the course of a day, despite receiving multiple warnings from the employer and co-workers, the arbitrator held that the employee's dismissal was justified and that there were insufficient reasons to substitute a lesser penalty.

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The Alberta Human Rights Tribunal awarded lost wages and $30,000 in general damages to a female mechanic who was chastised and criticized at work in relation to both her disabilities and gender, and then dismissed while on leave, holding that the employer’s actions created a poisoned work environment and that her gender and disabilities were factors in her dismissal.

2023-04-28T14:56:41-04:00Disability and Accommodation, Federal|

The Federal Public Sector Labour Relations and Employment Board dismissed a family status and sex discrimination grievance filed by a pregnant correctional officer who requested remote work (work from home) to accommodate her pregnancy-related medical needs.

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Employee awarded $50,000 in general damages for discrimination and retaliation after employer made demeaning comments, fired her, and made an unfounded complaint to her licensing body

2023-04-28T14:56:34-04:00Alberta, Disability and Accommodation|

The Alberta Human Rights Tribunal awarded lost wages and $30,000 in general damages to a female mechanic who was chastised and criticized at work in relation to both her disabilities and gender, and then dismissed while on leave, holding that the employer's actions created a poisoned work environment and that her gender and disabilities were factors in her dismissal.

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