A change to family status discrimination?
A recent decision of the British Columbia Court of Appeal appears to have changed the criteria for the type of employer conduct that will constitute prima facie discrimination on the basis of family status.
employment law
An arbitrator rules on the legality of administrative suspensions without pay for investigations in collective labour relations contexts and zero-tolerance alcohol policies for employees in high-risk positions
The decision of arbitrator Pierre Laplante in the case of Syndicat canadien de la fonction publique, section locale 4333 et Services de quai Fagen inc contains several passages of interest to employers with unionized workplaces, including on the right to proceed with an administrative suspension without pay for the purpose of an investigation, the starting point for the imposition of a disciplinary measure, and the binding nature for the arbitration tribunal of a zero tolerance policy with respect to alcohol and drug use for employees in high-risk positions.
You don’t get two kicks on the same facts says the HRTO
In Almseideen v. McKesson Canada, 2023 HRTO 255, Adjudicator Cherniak had a situation where an applicant had filed a HRTO complaint claiming that he was terminated in breach of the Code and also filed a civil wrongful dismissal action which claimed wrongful dismissal damages due to the the failure to receive proper notice.
