Opinion: Health and long-term care workers who decline vaccination should be put on unpaid leave theglobeandmail.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from theglobeandmail.com Daily Mail and Mail on Sunday newspapers.
…a
prima facie case of discrimination is made out when a change in a term or condition of employment imposed by an employer results in a serious interference with a substantial parental or other family duty or obligation of the employee.
These recent decisions provide valuable insight into how adjudicators in British Columbia will apply the
Campbell River test.
In
Zeigler v. Pacific Blue Cross (no. 2), 2020 BCHRT 125, an employee was advised upon her return from maternity leave that her shift that previously ended at 4:30 p.m. would end at 5:00 p.m. one week in every four weeks. The employee claimed this shift change would sometimes prevent her from getting to her child’s daycare by its 6:00 p.m. closing time because the drive from work to the daycare was between 45 to 90 minutes, depending on traffic. When the employer refused to return the employee to her previous shift, she resigned, found alternate employment, and claimed family status discrimination under British