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Discrimination

Discriminatory to dismiss for non-culpable absenteeism months before severance obligations triggered

The decision by the BC Human Rights Tribunal ("Tribunal") in USWA v. Weyerhaeuser, 2009 BCHRT 328 is important and worth reviewing for two key reasons:

  1. It re-affirms that employers can terminate the employment relationship for innocent or non-culpable absenteeism and provides some guidance on how this can be done through a formal "termination program"; and
  2. It is a reminder to employers that they can be found to have contravened human rights legislation if they treat employees on disability leave different than active employees when addressing severance entitlements at the time of a permanent closure.

Background

The United Steel-Workers Association, Local 1-423 (the "Union") filed a representative complaint with the Tribunal alleging that four of its members (the "Employees") were discriminated against with respect to their employment, on the basis of physical and mental disability, contrary to section 13 of the BC Human Rights Code (the "Code").  read more »

More on discrimination based on "family status"

Jurisdiction: - British Columbia

Law firm Fasken Martineau issued an e-bulletin today entitled "Employee's Family Obligations: To what Extent must they be Accommodated?". It offers some practical advice for employers to follow when confronted with this murky area of law that is still in its early stages of development.

I have previously written posts on discrimination based on family status - including on the same case discussed by Faskens - that can be found here and here.  read more »

More on the end of mandatory retirement in Canada

Jurisdiction: - Canada/Federal - Manitoba

In August 2009 I wrote a post entitled, "Canadian Human Rights Tribunal decision may signal death knell for mandatory retirment in federal sector." The decision in question was Vilven v. Air Canada, 2009 CHRT 24, which is now the subject of a judicial review application by the Air Canada Pilots Association to the Federal Court.

For more on the topic of the status of mandatory retirement in Canada you can read a bulletin that Fasken Martineau issued today entitled "Mandatory Retirement Being Retired Across Canada".

Lancaster House announces 2010 Vancouver Human Rights and Accommodation Conference

Jurisdiction: - British Columbia

Lancaster House has announced the details concerning its 2010 Vancouver Human Rights and Accommodation Conference. The conference will be held on March 17 and 18, 2010 at the Hyatt Regency Hotel. It will be co-chaired by Sandra Guarascio from Roper Greyell and Diane MacDonald, who is General Counsel for the BC Teachers Federation. Early bird rates are available until Februry 5, 2010. More information can be found here.

Canadian Human Rights Commission revises policy on drug and alcohol testing

Jurisdiction: - Canada/Federal

The Canadian Human Rights Commission announced this week that it has revised its policy on drug and alcohol testing. The revised policy can be read here.