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Health Care

"Is Excessive Internet Use Time Theft?"

"Is Excessive Internet Use Time Theft?" (May 16, 2012) is the subject of the latest HR Space bulletin from law firm Faskens. It was written by Hadiya J. Roderique.

The bulletin discusses a labour arbitration award and a decision of the Public Service Labour Relations Board, that were both issued in late 2011:

  1. Andrews v. Deputy Head (Department of Citizenship and Immigration)  2011 PSLRB 100  (August 2011); and
  2. Health Sciences Association of British Columbia v. Health Employers' Association of British Columbia  [2011] B.C.C.A.A.A. No. 125 (Glass) 

No free-standing duty to treat employee “fairly and with due respect for dignity" during accommodation process

Jurisdiction: - British Columbia
Sector: - Health Care

In Emergency Health Services Commission v. Cassidy, 2011 BCSC 100, the BC Supreme Court ruled that there was no free-standing procedural obligation on an employer to treat an employee “fairly, and with due respect for his dignity" during the duty to accommodate process, the failure of which could ground an award of damages.

The BC Human Rights Tribunal had previously ruled in this case that while accommodating the employee's physical disability would have represented an undue hardship to the employer, the employer was still liable for damages to the employee for failing to treat him fairly and with due respect for his dignity during the duty to accommodate process.

The damages awarded by the Tribunal included an award of $22,500 for injury to dignity, feelings and self-respect. 

The Tribunal's decisions can be found here:  read more »

HEABC ratifies 2 year agreement with Health Science Professionals Bargaining Association

Jurisdiction: - British Columbia
Sector: - Health Care

The Health Employers Association of BC ("HEABC") has ratified a two year collective agreement with the Health Science Professionals Bargaining Association (HSPBA).

The ratification was announced in a March 2, 2011 news release by BC Ministry of Finance. The news release stated that:  read more »

Employer engaged in discriminatory action under Workers Comp Act by placing employee on STIIP, reducing income

Jurisdiction: - British Columbia
Sector: - Health Care

In Emergency and Health Services Commission v. Wheatley, 2010 BCSC 1769, the BC Supreme Court denied the employer's request to quash a decision of the BC Workers' Compensation Appeal Tribunal ("WCAT").

In the decision (WCAT-2008-03840), which was delivered on December 19, 2008,  WCAT found that the Emergency and Health Services Commission (the "Employer") had engaged in discriminatory action under s. 151 of the BC Workers Compensation Act, against one of its employees, Michael Wheatley.

As set out in the court's decision:  read more »

Community Living British Columbia and BCGSEU reach tentative agreement

Jurisdiction: - British Columbia

Community Living British Columbia and the BC Government Services Employee Union have reached a tentative agreement on a new collective agreement. Voting on the tentative agreement will take place on May 31, 2010.

Community Living BC is a Crown agency with about 375 unionized employees delivering support and services to over 12,500 adults with developmental disabilities and their families throughout British Columbia,

No further details of the agreement were released. The Province's news release can be read here.