Canadian Employment Law Today

May 20, 2020

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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PM41261516 B.C. employee can't sell constructive dismissal argument PG.4 Sales rep accused colleague of going behind her back BY JEFFREY R. SMITH A BRITISH Columbia municipality's refusal to rehire a former employee was not retaliation for a human rights complaint, the B.C. Human Rights Tribunal has found. Jessica Wallis worked in the Hall and Recreation Department of the Town of Comox, B.C., starting in September 2009. In July 2016, Wallis filed a discrimination com- plaint claiming that she faced discrimination in her employment based on a mental disability. The pro- cess before the B.C. Human Rights Tribunal stretched out for more than two years. On April 16, 2018, Wallis emailed the town's recre- ation director to ask for a meeting to discuss the pos- sibility of her teaching fitness classes. Her discrimina- tion complaint was still ongoing at the time. The recreation director said that he would look into the options for fitness instruction but that he didn't think it would be a good idea to meet at that time. He stated in his email that "I don't want to prej- udice or inform the action you have against the town Sudden pay cut, dismissal leads to aggravated and punitive damages Ontario company cut pay, tried to change employment relationship and then fired employee — all without reasonable notice BY JEFFREY R. SMITH AN ONTARIO company must pay nearly $150,000 to a former employee of five years after it tried unilaterally to reduce her pay and change the employment relationship before firing her without notice. Dr. Adrienne Halupa, 45, was hired by SAGE Medica — a Toronto-based medical com- munications agency serving health-care and pharmaceutical customers — in March 2014 to provide medical communications services. Three years later, she became the head of SAGE Medica's medical writing department, super- vising a team of 12 medical writers. In April 2018, SAGE Medica's owner and director, Paul Borlinha, incorporated another May 20, 2020 Making a cellphone policy stick PG.3 Quebec arbitration decision indicates employers can fully ban cellphones from the workplace where there are security and safety concerns JOB DUTIES on page 6 » CREDIT: TAKASUU iSTOCK TOWN on page 7 » with Stuart Rudner Ask an Expert PG. 2 Employee silent on significant change to job duties Employment record, not retaliation, reason for refusal to rehire worker B.C. worker's inquiry about position came during active human rights complaint; town wasn't recruiting and didn't feel worker was a good fit

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