First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

By | 4 Minutes Read

Employee unable to show dismissal was discriminatory

The British Columbia Human Rights Tribunal recently denied an employee's complaint alleging that his employer discriminated against him on the basis of a physical disability. The Tribunal denied the employee’s complaint because there was no link between the employee’s alleged chronic pain and his use of marijuana.

By | 3 Minutes Read

The duty to accommodate revisited: H.T. v. ES Holdings Inc. o/a Country Herbs

The duty to accommodate presents itself to employers in many forms. While the most common accommodation involves a disability, often there are other grounds for accommodation that an employer must address as illustrated in H.T. v. ES Holdings Inc. o/a Country Herbs.

By | 5 Minutes Read

No obligation to let employee smoke marijuana at work as a form of accommodation

The British Columbia Human Rights Tribunal, in French v Selkin Logging, found that an employer did not discriminate based on the ground of physical disability by refusing to allow the employee from smoking marijuana at work. The company’s zero-tolerance policy for drugs constituted a bona fide occupational requirement (BFOR).

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Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.

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