Judicial Review
No free-standing duty to treat employee “fairly and with due respect for dignity" during accommodation process
In Emergency Health Services Commission v. Cassidy, 2011 BCSC 100, the BC Supreme Court ruled that there was no free-standing procedural obligation on an employer to treat an employee “fairly, and with due respect for his dignity" during the duty to accommodate process, the failure of which could ground an award of damages.
The BC Human Rights Tribunal had previously ruled in this case that while accommodating the employee's physical disability would have represented an undue hardship to the employer, the employer was still liable for damages to the employee for failing to treat him fairly and with due respect for his dignity during the duty to accommodate process.
The damages awarded by the Tribunal included an award of $22,500 for injury to dignity, feelings and self-respect.
The Tribunal's decisions can be found here: read more »
Court assesses appropriate scope of BC Labour Relations Board's participation in judicial review of its own decision
In Canadian Office and Professional Employees Union, Local 378 v. Lantic Inc., 2011 BCSC 242, the BC Supreme Court assessed the appropriate scope the BC Labour Relations Board's (BCLRB) participation in a judicial review of its own decision.
The decision of the BCLRB under review concerns management exclusions from the bargaining unit. It can be accessed in a June 2010 post of mine found here.
