Employment (Non-union)

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Discrimination results in reinstatement of dismissed complainant after 10 years

In a bizarre case the Human Rights Tribunal of Ontario has ordered the reinstatement of a non-union applicant 10 years after she went on disability leave for an anxiety disorder, plus compensation for lost wages since 2003.  My colleague Danielle Scorda assisted with this post about Fair v. Hamilton-Wentworth District School Board, 2013 HRTO 440.

The applicant … Continue Reading

Bill 14 Update – Trends & Interim Practice Directive by WorkSafeBC

WorkSafeBC recently published an Interim Practice Directive on Mental Disorder claims under Section 5.1 of the Workers Compensation Act. For an update, please see my article in B.C. Human Resources Management Association’s (HRMA) online publication HRVoice.org.

Big Jury Award Arising from Workplace Bullying

An Ontario jury recently made an unprecedented decision related to workplace bullying against Walmart.  As there are no formal written reasons for jury awards, the following discussion by Ryan Copeland is based on a number of reports on the case (see sources at the end).

Appropriate conduct in the workplace is ever changing.  The most recent shift concerns bullying in the workplace, … Continue Reading

Jurisdiction of Mental Stress Claims Arising Out of the Workplace

I have been discussing Bill 14 a lot this year.  The British Columbia Court of Appeal has just issued a very significant decision related to the mental disorder provisions under the Workers Compensation Act (“WCA”).   The case deals with the pre-Bill 14 language but is applicable to the new expanded language.  The Court decided that … Continue Reading

Unauthorized Overtime is a Big Risk

When ICBC’s 1500 workers go on strike for one day on Tuesday, September 18th, do not expect ICBC to permit overtime work to catch them up on missed work.  ICBC is already on the hook for past overtime that it never expected to pay.   As recently reported by Christopher Reynolds of the Vancouver Sun, an … Continue Reading

WorkSafeBC’s New Mental Disorder Compensation Policy

In a prior post I discussed the changes to the “mental stress” provisions of British Columbia’s Workers Compensation Amendment Act, 2011 that came into effect July 1, 2012.  WorkSafeBC subsequently published its amended compensation policy C3-13.00 that will govern the determination of claims under the new “mental disorder” provisions. The Policy should be carefully reviewed … Continue Reading

Worksafe BC Discussion paper on Bill 14

Submissions to Worksafe BC due Friday,  June 15.  More to come …

Bill 14 passed into law

Following on my earlier posts, Bill 14 received Royal Assent on May 31, 2012 (the last day of the Spring session of the legislature).  The third reading version is here.

Bill 14 Update – Bullying & Harassment

**This Bill received Royal Assent on May 31, 2012.

Also see part 1 – “B.C.’s Anti-Bullying Legislation”.

On Monday, May 28, 2012 the B.C. Provincial Government’s Orders of the Day again included the Ministry of Labour moving to amend Bill 14 (Workers Compensation Amendment Act, 2011).  There are important changes from the amendments previously proposed to the … Continue Reading

B.C.’s Workplace Anti-Bullying Legislation?

Also see part 2 – Personal Harassment & Bullying update

I apologize for the lengthy break.  During this time my friend and in-house lawyer, Ms. M, suggested that I post something about Bill 14 – the Workers’ Compensation Amendment Act.  Last week on Pink Shirt day the Vancouver Sun ran an article by business reporter, Darah Hansen (aka … Continue Reading