Labour and Employment Law Blog

In British Columbia (Human Rights Tribunal) v. Gibraltar Mines Ltd., 2023 BCCA 168 (“Gibraltar Mines”), the British Columbia Court of Appeal (“BCCA”) recently resolved much of the uncertainty surrounding the test for prima facie family status discrimination in B.C.

A five-judge panel of the BCCA unanimously held that the test for prima facie family status ...

In Dumitrache v. Glenlyon-Norfolk School Society, 2019 BCHRT 68 (“Dumitrache”), the British Columbia Human Rights Tribunal dismissed a complaint because the complainant had signed a release of claims, which included a term that he would not commence any human rights complaint against his former employer. This case is a good reminder for employers to ensure that ...

Last month, human rights issues hit the headlines as former employees of IBM Corp. have filed a class action lawsuit in the United States alleging age discrimination. The former employees claim that IBM has been laying off older employees over the course of a number of years in order to create a younger workforce.

Closer to home, last year the Public Service Labour Relations ...

A former flight attendant of WestJet, Mandalena Lewis, has commenced a class action lawsuit on behalf of a proposed class of WestJet employees, alleging that the company breached its promise to provide a harassment-free workplace.

Ms. Lewis alleges that she suffered sexual assault at the hands of a pilot who had previously engaged in similar behaviour with another flight ...

The Supreme Court of Canada has provided some important guidance regarding who qualifies as an "employee" under the British Columbia Human Rights Code in the case of McCormick v. Fasken Martineau DuMoulin LLP.

Mr. McCormick was an equity partner at Fasken. The Fasken Partnership Agreement required Mr. McCormick to divest his ownership in the partnership and retire ...