Category: News
Ontario Labour Relations Board held Union Acted Properly in Representing Unvaccinated Healthcare Employees
Ontario’s labour legislation, like British Columbia’s, provides an opportunity for union members to bring complaints against their union to the Labour Relations Board asserting that the union did not properly represent their interests. On January 10, 2022, the Ontario Labour Relations Board dismissed the complaint of several unvaccinated healthcare personal support workers. The Board held that […] Read more
Surreptitious Recording of a Co-Worker was Just Cause for Dismissal
In Shalagin v Mercer Celgar Limited Partnership, 2022 BCSC 112, the BC Supreme Court dismissed an employee’s wrongful dismissal lawsuit on the basis that the employee’s secret recordings of his co-workers was just cause for his termination given the effect on the relationship of trust between employer and employee. Takeaways The employment relationship depends on […] Read more
Union Application for Stay of Mandatory Vaccination Policy Denied
On January 12, 2022, Arbitrator Randall Noonan issued a decision denying an application by the International Association of Professional Firefighters to stay the implementation of a mandatory vaccination policy (the “Policy”) by the City of Richmond (the “Employer”). In this case, the Employer had enacted its vaccination policy with a view to limiting the spread […] Read more
Mandatory Vaccine Policies: Ontario Arbitrators Weigh In
Two Ontario Labour Arbitrators recently heard grievances from unions claiming the Employers’ mandatory COVID-19 vaccination policies were a violation of the respective collective agreements. In one case, the grievance was dismissed. In the other, the grievance was upheld. While these decisions come out of Ontario, they provide insight into how Labour Arbitrators are considering the legitimacy of mandatory vaccination policies. UFCW Local 333 v Paragon, 9 November 2021 The […] Read more
Five paid sick days introduced under the Employment Standards Act of British Columbia
The Province, after consulting with workers and employers across British Columbia, has legislated five paid sick days for employees regulated by the Employment Standards Act (the “ESA”).[1] Effective January 1, 2022, employees can take up to five days of paid leave per year for personal illness or injury. This is in addition to the three […] Read more
Pulver Crawford Munroe LLP Recognized by The Globe and Mail as one of Canada’s Best Law Firms
PCM Lawyers is delighted to be among the law firms recognized on The Globe and Mail’s list of Canada’s Best Law Firms 2022. This prestigious award is presented by The Globe and Mail and Statista Inc., the world-leading statistics portal and industry ranking provider. The awards list was announced on November 16, 2021, and can […] Read more
British Columbia’s Mandatory Vaccination for Non-Essential Services
British Columbia’s Public Health Officer recently announced proof of vaccination requirements in order to access certain non-essential events, services and business. The proof of vaccination requirements applies to all people in British Columbia who are 12+ years old. Key Dates By September 7, 2021, post-secondary students staying in on-campus student housing will be required […] Read more
Transitioning from COVID-19 Safety Plans to Communicable Disease Prevention in the Workplace
On July 1st, 2021, B.C. progressed to Step 3 of the Province’s Restart Plan. Employers are no longer required to maintain a COVID-19 Safety Plan pursuant to WorkSafeBC requirements. Instead, employers can transition to developing a Communicable Disease Plan (CDP) as directed in a statement by the Provincial Health Officer. A communicable disease is an […] Read more
