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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
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.
Some aspects of employer’s electronic monitoring policy were reasonable, others not, arbitrator rules
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.
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 GalleryInterest 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
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
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.
Federal Court of Appeal upholds pre-placement and random drug and alcohol testing for “safety-critical” workers in nuclear industry
March 7, 2025, eAlert No. 285 Dismissing an appeal [...]
Court awards dismissed employee $25,000 in punitive damages based on employer’s termination letter purporting to withhold entitlements unless employee signed a waiver GalleryCourt awards dismissed employee $25,000 in punitive damages based on employer’s termination letter purporting to withhold entitlements unless employee signed a waiver
Court awards dismissed employee $25,000 in punitive damages based on employer’s termination letter purporting to withhold entitlements unless employee signed a waiver
March 4, 2025, eAlert No. 602 A British Columbia [...]
Department of Education ordered to pay teacher, principal, $35,000 and $45,000 damages, for breaches of collective agreement and statutory health and safety obligations arising from uncontrolled behaviour of special needs student GalleryDepartment of Education ordered to pay teacher, principal, $35,000 and $45,000 damages, for breaches of collective agreement and statutory health and safety obligations arising from uncontrolled behaviour of special needs student