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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 »

Tribunal finds that no-free standing right to accommodation under the Canadian Human Rights Act

Jurisdiction: - Canada/Federal

In Moore v. Canada Post Corporation, 2007 CHRT 31, the complainant alleged that his employer discriminated against him by failing to accommodate his disability.

On this point, the Canadian Human Rights Tribunal stated:

...I cannot emphasize enough that "failure to accommodate" is neither a prohibited ground of discrimination nor a discriminatory practise under the CHRA. There is no free-standing right to accommodation under the CHRA.

The duty to accommodate only arises in the context of s. 15(2) of the CHRA and only when a respondent raises a bona fide justification by way of defense to an allegation of discrimination. For Mr. Moore to show a prima facie case, he must rely on something other that the failure of CPC to accommodate him (paras. 86-87)

Causal link between mental condition and viewing pornography; suspension substituted for termination

Jurisdiction: - Ontario

Canadian Union of Public Employees, Local 101 v. City of London (Ontario Grievance Arbitration, W. Marcotte, October 5, 2001)