Canadian Employment Law Today

September 23, 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 Cause and trigger PG.4 Saskatchewan police officer's claim for benefits goes back and forth with differences over whether discussion with supervisor caused or triggered it BY JEFFREY R. SMITH A BRITISH Columbia worker has failed to prove her employer constructively dismissed her by stripping her of her duties and briefly having her report to an unsafe office in a trailer. Cheryl Costello joined ITB Marine Group — a bulk transporter of refined petroleum products based in North Vancouver, B.C. that her husband founded in 1980 — in 1983, working as an office manager. Her duties included dealing with custom- ers, pricing, proposals, collections, invoice support and administrative support with no supervisory re- sponsibilities. She continued to work in an office administrator role until 2011, when the Costellos sold the business. As part of the sale, Costello agreed to stay on with the business, signing a written employment agree- ment that described her job duties as "providing overall leadership and management direction of the operations" of ITB. The agreement noted that her position would remain based in North Vancouver and was for a one-year term. BY JEFFREY R. SMITH A BRITISH Columbia worker who was fired for refusing to complete a criminal records check was not discriminated against because of a previous criminal conviction, the B.C. Human Rights Tribunal has ruled. Paladin Security Group is a provider of se- curity services for commercial and residential properties in B.C. as well as across Canada. Its client list includes several health-care facili- ties for vulnerable people. Any Paladin secu- rity guard can be assigned to any location for which Paladin provides security, including health-care facilities. The only exception is if a security guard voices a concern over a particu- lar type of site. Since Paladin can assign its security guards anywhere, all of them were required to com- September 23, 2020 New 'false light' privacy tort and how it might impact employers PG. 3 Damages in family law case serve as warning for employers on releasing information about individuals to the public FINGERPRINTS on page 6 » CREDIT: ANDREYPOPOV iSTOCK CREDIT: TILLSONBURG iSTOCK WORKER on page 7 » with Tim Mitchell B.C. worker's constructive dismissal claim after restructuring sinks Employer not obligated to keep same duties after arm of business sold; worker was initially assigned to unsafe office but immediately removed Ask an Expert PG. 2 Keeping employees home with pay Murky past, just cause in present Firing for refusing criminal records check not the same as firing for previous criminal conviction: B.C. Tribunal

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