British Columbia
WorkSafeBC approves 3 new OHS workplace bullying and harassment policies to be effective November 1, 2013
WorkSafeBC has recently added the following announcement to its website:
At its March 2013 meeting, WorkSafeBC's Board of Directors approved three new OHS workplace bullying and harassment policies:
- Employer Duties - Workplace Bullying and Harassment - D3-115-2
- Worker Duties - Workplace Bullying and Harassment - D3-116-1
- Supervisor Duties - Workplace Bullying and Harassment - D3-117-2
The Board of Directors' resolution is available for reference.
Sections 115, 116 and 117 of the Workers Compensation Act set out the general duties of employers, workers, and supervisors respectively. The new policies have been developed to clarify the obligations of employers, workers, and supervisors regarding preventing, where possible, or otherwise minimizing workplace bullying and harassment. read more »
Can a corporate employer sue a former employee for defamation?
In a paper they presented at the CLEBC Employment Law Conference 2013 (held on May 9 - 10, 2013 in Vancouver), Mark Hamilton and Scott MacDonald addressed whether a corporate employer can sue a former employee for defamation for making disparaging claims against their former employer.
Mr. Hamilton and Mr. MacDonald are lawyers at Richards Buell Sutton LLP in Vancouver. The title of their paper was: "Potential Claims Against Departing Employees Without Written Agreements".
Based on their paper and presentation, here are some points of note: read more »
Chief did not have actual or ostensible authority to bind Indian band to wrongful dismissal settlement agreement
In Clayton v. Lower Nicola Indian Band, 2013 BCSC 162, the BC Supreme Court found, by way of a summary trial, that the then chief of the Lower Nicola Indian Band did not have actual or ostensible authority to bind the band to a wrongful dismissal settlement agreement with its former executive director.
In a previous reported decision involving these parties - Clayton v. Lower Nicola Indian Band, 2011 BCSC 525 - it was disclosed that the settlement agreement provided for a $100,000 payment to the former executive director, who had been in her position for just under two years (January 14, 2008 to January 8, 2010).
BC HR Tribunal awards $900 in costs against former employee who tried to resile from settlement agreement
In Edwards v. Schnitzer Steel Pacific, 2012 BCHRT 335, the BC Human Rights Tribunal:
- granted the employer's application to dismiss the former employee's human rights complaint under section 27(1)(d)(ii) of the BC Human Rights Code; and
- awarded the employer $900 in costs due to the fact that the former employee had tried to resile from a settlement agreement that he had previously entered into, with the assistance of his lawyer, with the employer.
