Stopping Sick Notes, Frustrated Employment Contracts, Risky Quitting and More

Each quarter, Spraggs Law publishes a curated selection of articles about trending HR and employment-related topics. This quarter, we include a rundown of example harassment cases and outcomes from The BC Human Rights Tribunal and caste discrimination in Canada before delving into what doctors are doing to dissuade employers from requiring sick notes. This month, we also cover the topic of frustrated employment contracts, owed severance, and the legal risks and repercussions employees potentially face when quitting without sufficient notice.

The Real and Perceived Costs of Harassment and Discrimination 

Examples of harassment cases and compensation awarded to victims

The BC Human Rights Tribunal showcases several harassment-related case summaries, many of which stem from workplace harassment claims. The summaries and awards offer a sobering reminder of the severe effects and repercussions that harassment can have on both victims and their abusers.

Contending with caste discrimination in Canada

A recent article published by HR Law Canada discusses how caste discrimination affects communities in Canada, drawing attention to the experiences of marginalized individuals within the South Asian diaspora. Through the Caste in Canada project, personal stories highlight the visibility issues and social challenges Dalit Canadians face. Efforts to combat casteism and promote equality are showcased, emphasizing the importance of addressing discrimination and promoting inclusion within Canadian society.

Is It Time to Stop Requiring Sick Notes from Employees? 

Should employers stop requiring sick notes?

While BC employers are entitled (but not required) to request sick notes from employees under “reasonable grounds,” The question remains: should they? Earlier this year, CBC Radio discussed “the high cost of sick notes,” which discusses why Canadian employers should stop requiring them and what one Alberta physician is doing to dissuade employers from requesting them when, he believes, unwell employees should be resting and recovering at home. In addition, this substitute sick note from BC Family Doctors reminds employers of employees’ rights to paid sick days and the “unnecessary burden” such requests place on the healthcare system.

The Difficulty of Defining Frustrated Employment Contracts

BC Court of Appeal sets limits on what constitutes a frustrated employment contract

The British Columbia Court of Appeal upheld a decision regarding what constitutes a frustrated employment contract, setting a precedent for similar cases nationwide. In a civil claim filed against a BC Duty-Free Shop for failure to pay severance following closure during the COVID-19 pandemic, the court ruled that the contract was not frustrated despite the financial hardships faced by the employer. This decision highlights the high bar employers must meet to prove frustrated contracts.

Employer and Employee Obligations Following Termination 

BC Court of Appeal sets limits on what constitutes a frustrated employment contract

The British Columbia Court of Appeal upheld a decision regarding what constitutes a frustrated employment contract, setting a precedent for similar cases nationwide. In a civil claim filed against a BC Duty-Free Shop for failure to pay severance following closure during the COVID-19 pandemic, the court ruled that the contract was not frustrated despite the financial hardships faced by the employer. This decision highlights the high bar employers must meet to prove frustrated employment contracts.

Tribunal awards former construction employee severance pay

A construction manager in BC alleged wrongful termination by his previous employer and sought $5,000 in damages. Despite the employer’s denial, text messages confirmed the termination and discussed severance pay. The BC Civil Resolution Tribunal ruled in the employee’s favour, awarding him the requested amount plus tribunal fees. This case emphasizes the importance of employers understanding their obligations to avoid wrongful dismissal suits.

Why employees should consider their obligations before quitting

Employees thinking of throwing in the proverbial towel should first consider this! Quitting a job without giving proper notice can lead to legal consequences, as seen in recent cases in British Columbia, where employers tried to recoup damages from employees who resigned abruptly. While the cost of pursuing legal action may deter some employers, legislation in certain provinces allows for easier recovery of losses. This CBC article outlines what expert advice employees should follow to mitigate legal risks.

In Case You Missed It!

Last month, we outlined what BC business owners need to know about the province’s new Public Health Accountability and Cost Recovery Act (Bill 12) and what it could mean for a broad range of businesses. You can read more about it here.

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. Give us a call at (604) 359 1613 or contact us online today.

Please note: This article does not contain legal advice. If you would like advice on your specific situation, please contact Spraggs Law.