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
