Canadian Employment Law Today

May 15, 2019

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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PM40065782 Emplo y ment Law Today Canadian Unsuccessful discrimination claim for worker with poor performance Worker claimed religious debate with manager was factor in his dismissal, but had a lengthy list of performance and behaviour issues BY JEFFREY R. SMITH A RELIGIOUS disagreement between a British Columbia worker and his manager wasn't enough to support an argument of discrimination when the worker was fired for ongoing performance and behaviour issues, the B.C. Human Rights Tribunal has ruled. Shreyansh Shah was hired in February 2015 to work in the engineering department for the Hyatt Regency Hotel in Vancouver. His duties included replacing light bulbs and air conditioning filters, maintaining plumbing fixtures and supplies, performing maintenance on room appliances and doors, taking water readings in the swimming pool and hot tub, and performing general main- tenance duties. e hotel's director of engineering, Joe Weiss, found Shah to be a problem em- May 15, 2019 A low bar for dismissal at Saskatchewan hotel pg. 3 Failure to enter drink sale in point-of-sale system or account for missing $6.90 not enough for just cause to dismiss bartender Avoiding the lows of employees getting high pg. 4 Employers must balance the rights of employees and their own concerns in the legal era EMPLOYEE'S on page 6 » CREDIT: BY ANDREY_POPOV/SHUTTERSTOCK Ask the Expert pg. 2 Parental leave for employee who may not be involved with child with Leah Schatz Employee wrongfully dismissed for sharing too much information Worker emailed information on procurement process to consultants submitting proposals, but he had best interests of employer in mind BY JEFFREY R. SMITH A FEDERAL Crown corporation wrongfully dismissed an employee whose sharing of too much information to consultants submitting proposals wasn't appropriate but wasn't seri- ous enough to warrant termination, the On- tario Superior Court of Justice has ruled. Donald Schultz, 61, was the director of real estate in Ottawa for the Canada Lands Company (CLC), a federal Crown corpora- tion specializing in real estate, development, and attractions management. CLC initially hired Schultz in July 2012 for a project de- veloping a former Canadian Forces Base in which he was responsible for all real estate activities for the project such as drafting the master plan, securing planning approvals, implementing marketing strategies, and im- plementing a public consultation process. As part of his role, Schultz communicated with consultants CLC had hired for input on the scope of the work for both the munici- pal planning contract and landscape design EMAILS on page 7 »

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