Return to Work Conflicts, Accommodating Undisclosed Illnesses, Non-Compete Clauses and More
Each quarter, Spraggs Law publishes a curated selection of articles about trending HR and employment-related topics. This quarter, we recap three earlier articles that provide British Columbia employers with important insights surrounding return-to-work conflicts with employees, WorkSafeBC’s new Return to Work requirements and non-compete clauses in employment contracts. We also cover limitations surrounding employers’ duty to accommodate undisclosed illnesses and how even slight variations in each province’s Employment Standards Acts can weigh heavily on employment-related case outcomes.
Return to Work Conflicts and Duty to Accommodate
Return to work conflicts following a protected leave
This article provides a comprehensive overview of the legal obligations employers in British Columbia have when accommodating employees returning from protected leaves. It highlights critical legislation, such as the Employment Standards Act and the BC Human Rights Code, detailing employer responsibilities regarding reinstatement and reasonable accommodations. The piece also addresses potential conflicts that may arise when employees dispute offered positions, outlining recourse options for both parties while emphasizing proactive communication and negotiation.Â
Navigating WorkSafeBC’s new Return to Work requirements
In case you missed it, in August, we delved into WorkSafeBC’s new return to work requirements, effective January 1, 2024, which mandate a collaborative approach between employers and employees to ensure safe reintegration after illness or injury. Our article outlines the legal responsibilities of both parties under the Employment Standards Act and human rights legislation, including the critical duty to accommodate. For BC employers, understanding these regulations is crucial for fostering a supportive workplace, ensuring compliance, and minimizing legal risks.
Accommodating undisclosed illnesses
A recent BC Human Rights Tribunal decision underscores that accommodations for mental health disorders cannot serve as a blanket excuse for misconduct. The ruling highlights the employer’s duty to accommodate only when informed of an employee’s disabilities and emphasizes the necessity of timely medical documentation. The Tribunal’s decision also affirmed that direct communication, while potentially perceived as harsh, does not equate to discrimination. The case, however, acknowledges the stigma surrounding mental health and suggests that “sensitivity in communication is essential, especially when dealing with individuals with disabilities.”
Critical Details Employers Need to Know About Their Employment Contracts
What you need to know about non-compete clauses in BC
In July, we provided essential insights into non-compete clauses in employment contracts for British Columbia employers and employees. Our article outlines the conditions under which these clauses may be enforceable, emphasizing the importance of reasonable restrictions and tailored agreements. Employers will find valuable guidance on alternative protective measures, such as non-solicitation clauses, and learn how to draft enforceable agreements that align with current labour laws. Understanding these aspects is crucial for safeguarding business interests while respecting employees’ rights to work, making this article a must-read for informed HR practices.
Employment standards variations affect outcomes
This recent Financial Post article discusses how varying Employment Standards Acts (ESAs) across Canadian provinces can significantly impact legal outcomes in employment disputes. Although seemingly minor, these differences can lead to substantial variations in employee rights and employer obligations, especially surrounding termination clauses. The article suggests that recent Employment case outcomes in BC, which tended to lean in favour of the employers, may be due, at least in part, to “a slight variation in the wording of each province’s Employment Standards Act.” It emphasizes the importance for businesses and employees to be aware of their specific provincial regulations, as these can influence decisions in court cases related to employment law. Understanding these nuances is crucial for effective legal navigation and ensuring compliance within each jurisdiction.
Do You Have HR or Employment Law Related Questions?
If you have questions about human resources and employment law for our team at Spraggs Law, we’d love to hear from you. Call (604) 359 1613, contact us online, or reach out to Spraggs Advisory Group for more information about our HR consulting services.
Please note: This article does not contain legal advice. If you would like advice on your specific situation, please contact Spraggs Law.
