Chanelle Wong

Put Your Money Where Your Mouth Is: Failing to address misgendering in the workplace can be a costly lesson

By Chanelle Wong on October 12, 2021 Posted in Canada, North America

A British Columbia case has affirmed that the correct use of gender pronouns is a basic right, and that when it comes to inclusivity in the workplace, it is not enough to talk the talk by having a policy in place – employers must walk the walk by taking prompt action to address concerns. Failure … Continue reading

Sticks and stones may break my bones, but words can sometimes hurt you: Damages for defamation may attach to termination communications

By Chanelle Wong on June 11, 2019 Posted in Canada

In Booton v Synergy Plumbing and Heating Ltd., 2019 BCSC 276, an employee successfully sued his former employer for wrongful dismissal as well as defamation in relation to statements made by the employer regarding the reasons for his termination. Booton is a cautionary tale reminding employers to carefully consider how communications about the departure of … Continue reading

Changes to British Columbia’s Workplace Legislation

By Taryn Mackie and Chanelle Wong on May 3, 2019 Posted in General

This week, the Honourable Harry Bains, B.C.’s Minister of Labour, submitted bills to the legislature to amend the province’s three major workplace-related statutes that fall under the Ministry of Labour’s jurisdiction: the Employments Standards Act, the Labour Relations Code, and the Workers Compensation Act. These bills must still go through the legislative process before they … Continue reading

Bill 6 looks to broaden leave entitlements in British Columbia

By Taryn Mackie and Chanelle Wong on May 16, 2018 Posted in Canada

On April 9, 2018, BC’s Minister of Labour introduced Bill 6, the Employment Standards Amendment Act, to the BC Legislature. Bill 6 includes proposed amendments to the Employment Standards Act (“ESA”) to bring certain types of leave into line with the Federal government’s recent changes to the Employment Insurance Act so that employees are entitled to job protection under the … Continue reading

A (Not So) New Test for Family Status Discrimination in British Columbia

By Taryn Mackie and Chanelle Wong on February 21, 2018 Posted in Canada, Discrimination and harassment

It is often a challenge for employers to determine whether they have a duty to accommodate an employee’s “family status” under human rights legislation. Adjudicators across Canada have taken different approaches to assess whether the duty to accommodate family status has been triggered. The recent B.C. Human Rights Tribunal decision in Adair v. Forensic Psychiatric … Continue reading

Who, me? Could be: SCC extends protections regarding employment under the BC Human Rights Code

By Chanelle Wong on December 18, 2017 Posted in Canada, Discrimination and harassment

In a landmark case, the Supreme Court of Canada has extended the protection it offers to employees from discrimination in the workplace to encompass discrimination perpetrated by an individual with a different employer: British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62. This case answers in the affirmative the question of whether the BC … Continue reading

Termination and Flawed Performance Management Leads to Aggravated Damages Award

By Taryn Mackie and Chanelle Wong on September 28, 2017 Posted in Canada

Performance management is always a challenge for employers. Termination for cause on the basis of poor performance is trickier. The recent decision of Cottrill v. Utopia Day Spas and Salons Ltd., 2017 BCSC 704 (“Cottrill”) is a good reminder of the importance of proactive and proper performance management, especially for underperforming employees. Ms. Cottrill was … Continue reading

Now you see it (now you don’t), or do you? Can an employer retract an offer of employment?

By Taryn Mackie and Chanelle Wong on July 28, 2017 Posted in Canada

The retraction of an accepted offer of employment can create significant legal challenges for an employer. The BC Supreme Court recently reaffirmed that, absent an express contractual provision to the contrary or just cause, a pre-employment retraction of an accepted offer of employment constitutes termination of employment entitling the individual to reasonable notice or damages … Continue reading

Probation pitfalls and the Employment Standards Act (British Columbia)

By Chanelle Wong on March 31, 2017 Posted in Canada

Probation is common for new employees. Probationary periods can provide employers the opportunity to assess new hires in the real work environment. If an employee is not suitable, the employer may have the opportunity to end the relationship in the early months of employment with little or no liability. There are a number of potential … Continue reading