Archive for Human Rights Claims

Can I Terminate an Employee Who is Off Sick With the Flu?

Is influenza a disability under the Human Rights Code? The answer may surprise you. Ahhh, flu season.  That most charming time of the year, full of runny noses, stuffed sinuses, headaches, pain and soreness, often resulting in significant employee absence. As an employer, flu season is often the source of great frustration.  You often need to juggle work schedules on short notice, requiring others step up and fill the vacancies, and just when it seems like you might be out… Keep reading »

Partnership Agreements

Those who have an interest in a partnership should take note of Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal), 2012 BCCA 313, in which the British Columbia Court of Appeal considered a Human Rights Tribunal decision about whether partners are considered employees. The case involved John Michael McCormick, who was a partner at the law firm of Fasken Martineau DuMoulin LLP. As a partner, Mr. McCormick had to sign a partnership agreement, which gave him… Keep reading »

Employer Obligations under the Human Rights Code

Although you may not realize it, the Human Rights Code applies to employment, and governs your decision making with respect to your employees. The Code specifies that, as an employer, you cannot make any employment decisions 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 or age  unless that decision is based upon a bona fide occupational requirement.  You can’t even make employment… Keep reading »