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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 20:23, 16 August 2019
, 20:23, 16 August 2019→Pregnancy and Parental Leave
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An employer has a duty to allow the employee the leave he or she requests under the provisions of the ESA. Furthermore, upon the employee’s return from leave, the employer has a duty to place the employee in the same or comparable position to the position he or she held before the leave. The employer must not terminate employment because of leave taken, or change a condition of employment without the employee’s written consent. | An employer has a duty to allow the employee the leave he or she requests under the provisions of the ESA. Furthermore, upon the employee’s return from leave, the employer has a duty to place the employee in the same or comparable position to the position he or she held before the leave. The employer must not terminate employment because of leave taken, or change a condition of employment without the employee’s written consent. | ||
Maternity rights are being quickly developed by the courts. Supreme Court decisions such as Brooks v. Canada Safeway Ltd., [1989] 1 SCR 1219, should be reviewed before giving advice to individuals with this type of grievance. This case says that pregnancy, while not considered a sickness or accident, is a valid health-related reason for absence from work. | Maternity rights are being quickly developed by the courts. Supreme Court decisions such as ''Brooks v. Canada Safeway Ltd.'', [1989] 1 SCR 1219, should be reviewed before giving advice to individuals with this type of grievance. This case says that pregnancy, while not considered a sickness or accident, is a valid health-related reason for absence from work. | ||
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) | ||
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). | ||
