BFOR
May 28, 2012 Alison J. Bird Employee Relations, Human Resources, Human Rights,
In the employment setting, there is a constant tension between an employer’s desire to control its image and employees’ rights to be free from discrimination and to freely express themselves. While it is generally accepted that an employer may impose appearance-based requirements if it establishes a legitimate business reason for the rule, it seems hard to believe that an employer could justify refusing to hire a person based on their physical appearance. However,…
appearance, BFOR, bona fide occupational requirements, British Columbia Human Rights Tribunal, discrimination, discriminatory hiring practices, employment law, ethnicity, Freedome of expression, gender, human rights code, legitimate business reason, Physical appearance, stereotypical assumptions
April 9, 2012 Matt Lalande Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
We know that there is no precise method to determine the common-law period of reasonable notice when terminating employees. What has evolved and has been the most quoted case to help with this is the infamous Bardal vs. Globe and Mail. This case tells us that reasonable notice must be decided with reference to each specific case, considering the character of employment, length of service of the servant, the age of the servant and the availability of similar employment, having regard to the experience, training and qualifications of the servant.
age, availability of similar employment, Bardal, Bardal Factors, Bardal vs. The Globe & Mail, BFOR, bona fide occupational requirement, common-law entitlements, employment contract, employment law, employment standards act, experience, Law vs. Canada, Moran vs. Atlantic Co-operative Publishers, notice period, Peacock vs. Western Securities Ltd., qualifications, retirement age, termination, Termination clause, termination notice, training
March 5, 2012 Yosie Saint-Cyr Employee Relations, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Wages and Compensation
In a recent HRinfodesk poll, we asked our readers if a person’s weight had ever influenced their decision on whether to hire, promote or reward the person. The reason I was so interested in the topic is that a Quebec lawyer recently sued her former law firm because she believes the firm discriminated against her in employment because she was overweight.
BFOR, bona fide occupational requirement, discrimination, employment, employment contract, employment law, employment related decisions, fixed-term contract, height and weight requirement, hiring, overweight, Physical appearance, Physical disability, promoting or rewarding employees, psychological harassment, Quebec Human Rights Commission
January 16, 2012 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Human Resources, Human Rights
The federal government gave royal assent to Bill C-13, Keeping Canada’s Economy and Jobs Growing Act on December 15, 2011. Several of the measures enacted have an impact on employment law for federally regulated workplaces. One of the measures amends the Canadian Human Rights Act to eliminate the mandatory retirement age for federally regulated employees.
age, age discrimination, age-based job requirement or qualification, anti-harassment and anti-discrimination policies, BFOR, Bill C-13 Keeping Canada’s Economy and Jobs Growing Act, bona fide occupational requirement, Canadian Human Rights Act, duty to accommodate, employment law, federally regulated employers, mandatory retirement, The normal age for retirement in Canada is 65, The Supreme Court of Canada, workplace policies
September 16, 2011 Christina Catenacci Human Resources, Human Rights
The tribunal that decided the case of alleged discrimination against a part-time paramedic with multiple sclerosis who was shifted to a part-time ambulance driver position (at the paramedic’s pay rate) left some loose ends, according to the Supreme Court of British Columbia. The Court sent the case back to the tribunal to decide if the employer reasonably accommodated the employee, even though he was not able to perform important paramedic duties.
accessibility, accommodation process, assistive devices, assistive technologies, BFOR, Disability, discrimination, duty to accommodate, employment law, human rights tribunal, multiple schlerosis, paramedic, Physical disability, resonably accommodated employee, Supreme Court of British Columbia, undue hardship
August 24, 2010 Andrew Lawson Human Resources, Human Rights
The recent case of Friesen v. Fisher Bay Seafood and others is a great example of free speech v. discrimination, on how and when workplace rules cross the line…
BFOR, bona fide occupational requirement, discipline, discrimination, duty to accommodate, employment law, firing, Free speech, Freedom of religion, Friesen v. Fisher Bay Seafood and others, policies and procedures, preaching at work, religion, religion in the workplace, religious beliefs, termination, workplace rules
Hi John, Thanks for your comment. Check out paragraph 67 of the decision: "Accordingly, none of what I have written above is to suggest or... – May 22, 4:38 PM
This is really spin doctoring the decision. My firm appeared at the Court of Appeal for an intervenor the University of Saskatchewan. Whatever the Supreme... – May 22, 1:00 AM
