The Supreme Court of Canada has rendered a decision in Multani v. Commission scolaire Marguerite-Bourgeoys, 2006 SCC 6. The Court found that it was discriminatory and contrary to freedom of religion rights to deny a Sikh child the ability to wear a kirpan in a school setting. The discrimination was not reasonably justifiable. The case […]
Trips and fall cases on City property usually fall within the policy defence line of cases. Bracken v. City of Vancouver et al, 2006 BCSC 136 is one such case. Bracken is a straightforward case but it is interesting for revealing the Vancouver City sidewalk repair policy. The policy distinguishes between trip 1 and 2 […]
As an employer do you have to give a reference letter when you terminate an employee without cause? It’s an area you want to be careful with. Reference too good, you run the risk of problems with the next employer. Reference refused or luke warm, you run the risk of a damages claim with the […]
In Sulz v. Attorney General et al, 2006 BCSC 99, a female RCMP officer was awarded damages in the amount of $950,000.00 for harrassment she suffered at the hands of her supervisors. The damages are largely for psychological injury, past and future wage loss. The case discusses jurisdictional issues and parallel actions under the Federal […]
Employees with substance abuse issues are a nightmare for employers charged with a workforce operating in a safety sensitve workplace. Employers must accommodate such employees to the point of undue hardship. Having said that what is undue hardship in a safety sensitive environment? Communications, Energy and Paperworkers Union, Local 707 v. Suncor Energy Inc., [2005] […]