Decisions | ISP Employment Law

EMPLOYER CONSTRUCTIVELY DISMISSED EMPLOYEE ON MATERNITY LEAVE – CONTRAVENED HUMAN RIGHTS CODE

LaFleche v. NLFD Auto dba Prince George Ford (No. 2), 2022 BCHRT 88 (CanLII), <https://canlii.ca/t/jrm68> In that case, the Human Rights Tribunal addressed a situation that may happen, where an employee goes on maternity leave and the employer likes the...

HUSBAND INSERTED HIMSELF INTO EMPLOYMENT DISPUTE – TERMINATION DID NOT CONTRAVENE THE BC HUMAN RIGHTS CODE

Billow v. Hardy Yardcare and another, 2022 BCHRT 98 (CanLII), <https://canlii.ca/t/jslrz>, The complainant filed a complaint against Hardy Yardcare and Rudy Sager alleging discrimination on the basis of employment, sex, mental disability, and marital status in...

ESSENTIAL CHARACTER OF DEFAMATION AND CONSPIRACY CLAIM SUBJECT TO THE DISPUTE RESOLUTION IN THE COLLECTIVE AGREEMENT

Masjoody v. Trotignon, 2022 BCCA 135 (CanLII), <https://canlii.ca/t/jnlfd> The BC Supreme Court found that the subject-matter of the dispute were governed by a collective agreement and Dr. Masjoody’s pleadings were struck (Weber v. Ontario Hydro, [1995] 2 S.C.R....

UNFAIR LABOUR PRACTICE COMPLAINT UNDER PART 1 OF THE CANADA LABOUR CODE NOT SIMILAR TO UNJUST DISMISSAL COMPLAINT UNDER PART 3 – CIRB HAS JURISDICTION

Melissa A.V. Bernon v WestJet, an Alberta Partnership, 2022 CIRB 1008 (CanLII) In that case, the complainant filed an unjust dismissal complaint. Initially, she believed that she had been dismissed due to her role in a union organizing campaign. The union filed an...

Canada Labour Code: other procedure for redress – Canada Human Rights Act

Ronald Brown v Warren Gibson Limited, 2020 CIRB 948 (CanLII), The complainant) filed a complaint alleging that he was unjustly dismissed from his employment by the respondent. ESDC referred the complaint to the Board on April 17, 2020, after the complainant requested...

CANADA LABOUR CODE – EMPLOYMENT CONTRACT FRUSTRATED – EMPLOYEE DID NOT RESPOND TO THE EMPLOYER ABOUT ABILITY TO RETURN TO WORK

Carol Delong v ZoomerMedia Limited, 2020 CIRB 933 (CanLII) In July 2019, the respondent advised the complainant that her employment as Manager Broadcast Systems was being terminated because her employment contract with it had been frustrated due to her long-term...

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