The First Nations School Association ("FNSA") has prepared a "Transfer of Jurisdiction Handbook on Employment Issues" (September 11, 2008). As stated in the introduction, the Handbook:
...is aimed mainly at Participating First Nations that will take jurisdiction over education pursuant to the First Nations Jurisdiction over Education in British Columbia Act (Canada), the First Nations Education Act (BC), and various jurisdiction agreements. The purpose is to identify steps that schools and Participating First Nations can take to prepare for the transfer of jurisdiction in connection with employment issues.
The Handbook has three parts: read more »
BC government releases discussion paper on the standard of review applicable to tribunal decisions, post Dunsmuir
The BC Government Administrative Justice Office has released a discussion paper on The Standard of Review Applicable to Tribunal Decisions in British Columbia - The Implications of Dunsmuir v. New Brunswick. You can read the paper here.
Birth father must begin parental leave within 52 weeks after child's birth, not complete it within 52 weeks
The issue in British Columbia Securities Commission v. Burke, 2008 BCSC 1244 was whether:
- a birth father's parental leave must be completed within 52 weeks after the child's birth, or
- the leave only needs to begin within 52 weeks after the child's birth.
Section 51(1)(c) of the BC Employment Standards Act provides:
An employee who requests parental leave under this section is entitled to:
- - -
for a birth father, up to 37 consecutive weeks of unpaid leave beginning after the child's birth and within 52 weeks after that event.
The Employment Standards Tribunal had determined that the latter interpretation noted above was the correct one. On judicial review, the Court upheld the Tribunal's decision. read more »
Union construction sector in BC develops first ever drug & alcohol policy for construction worksites
The Construction Labour Relations Association and the Bargaining Council of British
Columbia Building Trades Unions announced today that they have jointly developed a Substance Abuse Testing And Treatment Policy as part of their collective agreement negotiations.
The policy will apply to all union construction workers in BC; it is believed to be the only such industry-wide agreement in Canada.
According to the news release, under the policy: read more »
Robert Lesperance at Lesperance Mendes in Vancouver has writtne a paper on, "Who Owns the Intellectual Property: The Employee or the Employer?" (undated).
BC Human Rights Tribunal releases statistics on damages for injury to dignity, feelings and self respect
The BC Human Rights Tribunal issued its "Annual Report 2007-2008" in July, 2008. According to the report:
- The Tribunal ordered compensation for injury to dignity, feelings and self-respect in 11 cases.
- The awards ranged from $500 to $25,000, the highest award to date. Also at the high end of the range, the Tribunal made an award of $20,000.
- At the lower end of the range were awards of $2,000 and $2,500.
- All other awards ranged from $5,000 to $7,500.
The case in which the complainant received $25,000 was Datt v. McDonald's Restaurants (No. 3), 2007 BCHRT 324) (No. 2), 2007 BCHRT 161. In the report, the Tribunal summarized the case as follows: read more »
The Canada Industrial Relations Board ("CIRB") has recently ruled that: read more »
...to assist in the fair and efficient resolution of appeals from
determinations made by the Director of Employment Standards under the Employment Standards Act. Using the 2005 rules which were developed in consultation with stakeholders as the basis, the new Rules reflect the Tribunal’s practices, changes to the legislation, and comments received from stakeholders.
On June 27, 2008, the Supreme Court of Canada issued its much anticipated decision in Honda Canada Inc. v. Keays 2008 SCC 39.
In the decision, which some view as a victory for employers, the court modified the manner in which Wallace damages are calculated and provided further clarification on when they, along punitive damages, should be awarded in the employment context.
As part of its analysis on Wallace damages, the SCC also provided some guidance to employers on the extent of their right to medical information in accommodation cases.
New legislation in force to protect workers when employer becomes bankrupt or subject to receivership
The new federal Wage Earner Protection Program Act (WEPP) and associated amendments to the Bankruptcy and Insolvency Act came into force today.
According to the federal government's website about the Wage Earner Protection Program (WEPP), it:
...reimburses eligible workers for unpaid wages and vacation pay [earned during the previous six months but not paid or taken] they are owed when their employer declares bankruptcy or becomes subject to a receivership.
WEPP payments do not cover severance, termination pay or other employee benefits and there is a maximum payment of four times the Employment Insurance average weekly wage (approximately $3000), less amounts prescribed by regulations.
"Jurisdiction in respect of Section 124 of the Quebec Labour Standards Act: The Court of Appeal Rules"
Quebec lawyer Pierre Pronovost has written a legal brief entitled, "Jurisdiction in respect of Section 124 of the [Quebec] Labour Standards Act: The Court of Appeal Rules" (June 2008).
The brief summarizes the Quebec Court of Appeal's decision in Québec (Procureur général) c. Syndicat de la fonction publique du Québec 2008 QCCA 1054, in which it ruled that a grievance arbitrator does not have jurisdiction to apply section 124 of the Quebec Act respecting labour standards and that only the Commission des relations du travail has jurisdiction in matters involving this remedy.