Frustration of Contract
"Accommodating Employees Who Have Made LTD Claims" (undated) is the title of a paper written by Lauren M. Bernardi, at Bernardi Human Resources Law.
Vancouver labour and employment lawyers Carmen Overholt, Q.C. and Matthew Curtis have written a paper on, "Employer Rights and Obligations in Connection with Employee Personal Medical Information".
The paper was written for the Meeting of the Council of Industrial Relations Executives on June 8 and 9, 2010 in Vancouver, British Columbia with the assistance of David R. Phillips, articled student.
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:
- 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
- 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.
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 »