Two new cases on just cause

In Murphy v Factors Labs (2020 BCPC 163) Burnett J., upheld the termination of a long service factory employee who refused to wear a “Bump Cap” (which is a form of hard hat) because she claimed it aggravated her migraine headaches. She provided a short medical note from her doctor. The Company asked for a more detailed medical report and the plaintiff refused, without giving a valid reason.

In Attzs v Saputo ( 2020 )NSC 5512) Kimmel J., had a short-term warehouse worker who was caught vaping in the workplace which was against the no smoking policy. The Judge found that it was plausible that the worker did not know that vaping was included in that ban as the company had not made that clear. Moreover, two other employees who were also vaping were only given warnings. The Judge held that the misconduct should have been dealt with in a proportionate manner with discipline but not termination.

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Barry B. Fisher LL.B.

Barry B. Fisher, LL.B., is a mediator and arbitrator of both employment and labour relations matters. He offers three forms of ADR based on clients’ needs: Mediation, Arbitration and Med/Arb. Barry is from the evaluative school of mediation and brings his over 30 years' experience as an employment lawyer and legal author to the dispute. In addition to his knowledge of the legal issues involved in these disputes, he also has a deep understanding of the psychological factors that motivate both employees and employers. By combining these two skills, Barry is able to achieve a settlement rate of over 80% of the disputes that he mediates.

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