Investigation is the New Arbitration

By Harry Gray and Gavin Marshall Beware the misuse of the due process tool in your workplace management toolbox. Investigations are the new arbitration. More and more, the legal expectation is that a flavour of judicial objectivity, in the form of...

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Burger King Dealt a Whopper by BC Courts: Fired Fish Sandwich Felon Vindicated

By Kelsey Robertson In Ram v. Michael Lacombe Group Inc., 2017 BCSC 212, Ms. Ram, a cook at Burger King for 24 years, was dismissed from her employment for taking a fish sandwich, a side of fries and a drink...

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Two Wrongs Might Make a Copyright: Employees vs. Contractors with Intellectual Property on the Line

By Cameron Wardell It is not uncommon for companies to look externally when in need of services outside of the expertise of its organization.  Companies frequently look externally for marketing, design and programming services. Contracting for such services can assist...

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Non-Culpable or Innocent Absenteeism

By James D. Kondopulos and Gosia Piasecka In the recent arbitration decision of Vancouver Coastal Health Authority v. Hospital Employees’ Union (Termination for Non-Culpable or Innocent Absenteeism), B.C.C.A.A.A. No. 112, arbitrator John Sanderson, Q.C. upheld a grievor’s dismissal for...

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Revisiting the 2016 Changes to the BC Human Rights Code

By Nicole Byres As 2016 has ended and we reflect on potential emerging issues for employers in 2017, the recent amendments to the BC Human Rights Code to include “gender identity or expression” among the protected grounds covered by the...

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A Caveat on Contractors: Beware the Bite of the Unicorn?

By Graeme McFarlane Ah, the true independent contractor—the rarest of all the beasts. In the jungle of employment law, it is sought after for its rich cost savings, lower head counts and workplace efficiencies. If only all businesses could have...

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Don’t Dis(miss) the Devil in the Details

By Graeme McFarlane Many businesses have experienced the loss of a valuable employee.  Some are fortunate enough to have that employee return to the fold after venturing out into the unknown.  A recent case, however, illustrates some of the risks...

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Just How Private is an Employee’s Text Messaging?

By Delayne Sartison, Q.C. and Matthew Larsen Information and evidence obtained from social media or electronic communications is playing an increasingly important role in the workplace, but employers must be conscious of employee privacy rights.  As a result, the Ontario...

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