The Metro Vancouver Labour Relations Bureau released a report today on its future mandate in light of pending key defections among its member municipalities.

Metro Vancouver

Metro Vancouver encompasses 21 municipalities, one electoral district and one treaty first nation.The resident population of Metro Vancouver is 2.3 million.

Metro Vancouver (still officially called the Greater Vancouver Regional District) was given a "labour negotiations and related ancillary services" function for its members back in 1973.

Metro Vancouver Labour Relations Bureau

The Metro Vancouver committee that exercises "the executive and administrative aspects" of the function is called the Metro Vancouver Labour Relations Bureau.

Municipalities within Metro Vancouver can choose whether they want to be participating members in the Bureau. Surrey, Richmond and Port Coquitlam are currently not participating members. And in the past two years, Burnaby, Vancouver, Delta and West Vancouver have given notice of withdrawal.  read more »

McIntosh v. Delta, 2010 BCHRT 232

Fleming v. North Bay (City), 2010 HRTO 355

In Taylor v. New Westminster (City) (Vancouver Registry S084283, August 19, 2009), the court found that the employer did not have just cause to dismiss an employee who refused to sign an extension to a Return to Work Agreement that required him to acknowledge that he had an alcohol dependency.

Background

At the time of his dismissal, the employee was 54 years old, had 16 years of service and earned a salary of approximately $90,000 per annum. He was Manager of Fleet Services, a safety sensitive position in that he supervised a team of mechanics who performed maintenance and repair work on the employer's various vehicles, including those for the fire and police departments.

Until February 2007, the employee had "an excellent work history" and the employer had "no concerns about his safety in the workplace" (para. 9).

The Incident  read more »

The BC Supreme Court judge in Johnston v. Surrey (City), 2009 BCSC 1520, refused to award special costs in a case where a unionized employee filed a lawsuit in court against his employer alleging constructive dismissal.

Background

The long term employee filed a lawsuit in spring 2008 against the defendant employer (and a named individual) alleging that he was constructively dismissed.

Upon receipt of the Statement of Claim, the employer advised the employee of its position that:

1. the circumstances giving rise to the constructive dismissal - a layoff -  occurred in 1995 and 1996 and thus were time barred by the limitation period set out in the BC Limitation Act; and
2. the employee was a unionized employee and therefore the claim was not within the jurisdiction of the court.

The employee further requested that the Claim be withdrawn failing which the employer would bring an application to strike the Claim pursuant to Rule 19(24) and seek special costs  read more »

The BC Court of Appeal recently held that an individual whose company had contracted with the City of Vancouver could not maintain a personal wrongful dismissal action against the City.

Mr. Zupan was the owner of Mario Zupan Trucking Ltd. (the "Company") and was the principal driver of the Company's one truck. The Company was on the City's "hired truck list" and the City had used the company's services on an almost full-time basis for several years. Among other things, the City required that all truck operators on the list meet certain licensing, safety and registration requirements and also wear certain types of clothing. In 2001, the City removed the Company from the list because of problems with the Company's back-up driver.

The Court held that Mr. Zupan could not bring a wrongful dismissal claim against the City because there was no "legal relationship" and no "employer/employer" between Mr. Zupan and the City.  read more »

Toronto (City) v. C.U.P.E., Local 79, 2003 SCC 63

Canadian Union of Public Employees, Local 101 v. City of London (Ontario Grievance Arbitration, W. Marcotte, October 5, 2001)