In the early stages of the COVID-19 pandemic, the British Columbia Human Rights Tribunal was flooded with complaints of discrimination relating to COVID-19 mask and vaccine mandates. This update will summarize a few of the early key decisions.

Effective January 1st, 2022, eligible employees in BC will be entitled to 5 days of paid sick leave per “employment year”.

In Verigen v Ensemble Travel Ltd, 2021 BCSC 1934 (“Verigen”), the BC Supreme Court considered whether the COVID-19 pandemic impacts an employee’s right to severance following their dismissal.

We’ve known for a long time now: employers must act in good faith when dismissing employees.

It is established law that a termination provision in an employment agreement must meet the minimum requirements of the Employment Standards Act.

In Valle Torres v Vancouver Native Health Society the court awarded a wrongfully dismissed employee 24 months severance and $30,000 in aggravated damages.

The British Columbia Human Rights Code protects employees who have competing work and family obligations from discrimination on the job. Put another way, the law prohibits employers from discriminating against their workers (including by firing them) because of their family status. However, this family status protection is narrower than other grounds of discrimination.

The Ontario Human Rights Tribunal ruled that the Ontario government has been discriminating against Ontario midwives on the basis of sex as a result of the difference between the compensation paid to midwives and Community Health Care Clinic (CHC) physicians.

The SCC decision in Stewart v Elk Valley Coal Corp highlights that employer drug and alcohol policies should address workplace safety concerns and also accommodation of employees with addiction.

In Garcia v Tahoe Resources, 2017 BCCA 39, the BC Court of Appeal suggested that businesses with overseas operations may subject to increased scrutiny from Canadian courts for environmental and human rights abuses committed abroad.