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Discrimination

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 »

"Criminal Behaviour and other Off-Duty Conduct"

Jurisdiction: - British Columbia

Vancouver law firm Roper Greyell has published an Information Update entitled "Criminal Behaviour and other Off-Duty Conduct" (July 20, 2011), which address the question: What can you do about your employees' off-duty conduct? 

Owner of work camp in oil patch found not to be "employer" for purposes of sexual harassment complaint

Jurisdiction: - Alberta
Sector: - Oil & Gas

The court's decision is here: 375850 Alberta Ltd. v. Noel, 2011 ABQB 218.

The Alberta Human Rights Tribunal's decision is here: Beverly Noel and 375850 Alberta Ltd. (N2006/08/0134) (September 16, 2010).

A summary of the decision by LindaMcKay-Panos has been posted to ABlawg.ca. You can read it here: "Issue of 'Employment' in Human Rights Cases Arises Yet Again" (May 17, 2011).