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Difference between revisions of "Employment Law Issues (9:V)"
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Employment Law Issues (9:V) (view source)
Revision as of 12:49, 18 August 2021
, 12:49, 18 August 2021→Pregnancy and Parental Leave
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If an employee has a dispute with their employer regarding pregnancy or parental leave, they may also be able to file a complaint for discrimination based on sex or family status with the Human Rights Tribunal. Additionally, where an employer offers compensation benefits for health conditions and then excludes pregnancy as a ground for claiming compensation, the employer may have acted in a discriminatory fashion. | If an employee has a dispute with their employer regarding pregnancy or parental leave, they may also be able to file a complaint for discrimination based on sex or family status with the Human Rights Tribunal. Additionally, where an employer offers compensation benefits for health conditions and then excludes pregnancy as a ground for claiming compensation, the employer may have acted in a discriminatory fashion. | ||
If an employee has been terminated while on leave, in some cases they may be able to make a claim for wrongful dismissal in Small Claims Court or the Civil Resolution Tribunal. The employee should at minimum be entitled to a regular severance. Consider whether the circumstances of dismissal in breach of protected leave provisions might be grounds for aggravated or punitive damages in civil court. See Section VI: Remedies for further details. If there are anti-discrimination provisions in an employment contract, employees may have the possibility of a claim for failure to enforce such clauses (see ''Lewis v. WestJet Airlines Ltd''., 2019 BCCA 63) | If an employee has been terminated while on leave, in some cases they may be able to make a claim for wrongful dismissal in Small Claims Court or the Civil Resolution Tribunal. The employee should at minimum be entitled to a regular severance. Consider whether the circumstances of dismissal in breach of protected leave provisions might be grounds for aggravated or punitive damages in civil court. See Section VI: Remedies for further details. If there are anti-discrimination provisions in an employment contract, employees may have the possibility of a claim for failure to enforce such clauses (see ''Lewis v. WestJet Airlines Ltd''., 2019 BCCA 63, https://canlii.ca/t/hxmf4) | ||
An employer can terminate the employment of a pregnant person if the termination is part of legitimate downsizing (s 54). | An employer can terminate the employment of a pregnant person if the termination is part of legitimate downsizing (s 54). | ||
