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reasonableness. The employer has to act reasonably, but so does the employee." Birrell says both Johnstone and Seeley should remind employers of the importance of the procedural aspect of their duty to accommodate, ensuring that every case is properly investigated before its acceptance or rejection. "Don't just go through the steps. Document what has happened at every stage, so that if you're called on to defend a decision, you can not only explain the decision, but how exactly you got to that decision." The decision places employers in B.C. in an awkward position, since Johnstone and Seeley only refer to federally regulated companies, while they are left with the more restrictive Campbell River test for discrimination. However, Ritu Mahil, an employment lawyer at Lawson Lundell LLP in Vancouver who represented the appellant union in Campbell River at the BCCA, says they should get used to treating family status accommodation requests the same way they do religious or disability cases if they want to avoid human rights actions. "Campbell River was one of the first decisions on family status, when the case law was in its infancy," she says. "I think employers should be aware of the current threshold, but at the same time, they need to recognize that the rest of Canada treats family status like any other ground. The test will certainly be revisited, and I think they should assume that eventually B.C. law will fall in line." Let us open the right door for you We specialize in Employment and Labour Law in Canada Kuretzky Vassos Henderson is a leading employment and labour law firm situated in the heart of Toronto. We are comprised of ten lawyers, all of whom specialize in the area of employment and labour law. We act for many prominent public and private sector employers as well as for individuals. Kuretzky Vassos Henderson LLP Our work includes extensive experience in the areas of: Wrongful dismissal • Human rights • Labour relations/Labour law/Collective barganing • Workplace health and safety • Sexual harassment • Employment standards • Employment contracts • Canada Labour Code • Class actions • Mediation/arbitration/ADR www.kuretzkyvassos.com • 416.865.0504 u ORDER TODAY FOR ONLY Stay up-to-date in the fast-moving industrial relations field with reports from collective bargaining tables across the country. Settlements, as they occur, are covered in complete detail with pertinent information on wage adjustments, paid holidays, vacations with pay, shift premiums, medical benefits, dental plans, weekly indemnity, life insurance, pension plans, cost-of-living allowances and rates of pay. $595 START YOUR SUBSCRIPTION AND RECEIVE: • 48 issues of Canadian Labour Reporter • Full access to www.labour-reporter.com • Weekly e-newsletter ORDER # A20260-13 Toll Free: 1-800-387-5164 Toronto: 416-609-3800 www.labour-reporter.com/subscribe ORDER TODAY FOR ONLY Canadian Employment Law Today® is a biweekly update on employment law-related rulings in courts, tribunals and other judicial bodies. This newsletter summarizes and comments on issues and trends in employment law. Save valuable hours researching – spend more time using the information to improve procedures and decisions. START YOUR SUBSCRIPTION AND RECEIVE: • 22 issues of Canadian Employment Law Today • Full access to www.employmentlawtoday.com, featuring a searchable archive of past issues • Bi-weekly email alerts to keep subscribers up-to-date on breaking news and notifications of new issues $299 ORDER # A20612-13 Toll Free: 1-800-387-5164 Toronto: 416-609-3800 www.employmentlawtoday.com/subscribe Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd, Toronto, ON M1T 3V4 Phone: 1-877-750-9041, in Toronto (416) 609-3800 Fax: (416) 298-5082 Untitled-5 1 www.CANADIAN L a w ye r m a g . c o m 13-10-22 2:00 PM November/December 2013 53

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