HRMA Conference + Tradeshow 2017 speaker Nicole Byres provides commentary on the recent amendments to the BC Human Rights Code to include “gender identity or expression” among the protected grounds covered by the Code.
Category: Raising the Bar
Most people would be concerned if a person operating heavy road maintenance equipment in a large city was also a regular medical marijuana consumer, entitled by permit to consume a significant amount of marijuana on a daily basis. In responding to this concern, a large municipal employer removed a long service employee from the workplace, citing concerns over public safety. The employee challenged the removal, alleging discrimination on the basis of disability.
For a country founded on principles of freedom, liberty and equality, the United States is having tremendous difficulty grappling with same-sex marriage and LGBTQ discrimination. The topic has been getting attention in Canada as well. With so much focus on such a sensitive topic, it begs the question, with respect to service, does religion trump equality?
Rules of court in most jurisdictions in Canada make provision for summary trials or fast-track litigation, trial processes that are particularly well-suited to wrongful dismissal litigation where only the amount of reasonable notice is in dispute. A question arises in these expedited processes as to how damages should be assessed if the case comes before the court during the reasonable notice period.
Can a company fire an employee for an occurrence completely removed from the workplace? The simple reality is that yes it can.