Archive for Human Rights Claim

Can I Be Fired For Being Off Sick With The Flu?

Is influenza a disability under the Human Rights Code? The answer may surprise you. Runny noses, stuffed sinuses, headaches, pain and soreness. Yes, it is that time of year again – flu season. So how does the flu affect employees? The flu and other viruses often result in significant time being taken away from work, which can influence an employee’s pay if they don’t have full sick leave benefits. The absence of an employee from the workplace can also cause… Keep reading »

Partnership Agreements

Are you an employee who has been asked to join a partnership? A partner being forced to leave? Either way, you should be aware of Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal), a recent British Columbia Court of Appeal decision that ruled that partners are not employees. The case involved John Michael McCormick, who was a partner at the law firm of Faskin Martineau DuMoulin LLP. As a partner, Mr. McCormick had to sign a partnership… Keep reading »

Discrimination at Work – Rights and Remedies under the Human Rights Code

According to the Human Rights Code an employer cannot make decisions about an employee or prospective employee based on the grounds of the race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age unless it can be called a “bona fide occupational requirement”.  You may be surprised to learn that this even extends to the employee having been convicted of a criminal or summary conviction offence that is unrelated… Keep reading »