Burnaby Now August 15 2019

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CITY 3

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COMMUNITY 13

Firefighting camp inspires girls Big crowd at Pride party

THURSDAY, AUGUST 15, 2019

LOCAL NEWS – LOCAL MATTERS.

Your top events for the weekend

There’s more at Burnabynow.com

HAIR RAISING: Tierinii Jackson of the band Southern Avenue belts out a song at Saturday’s Burnaby Roots + Blues Festival. See more photos from the event on page 11.

PHOTO JENNIFER GAUTHIER

COURT

Parent can be fired for refusing out-of-town work Jeremy Hainsworth

editorial@burnabynow.com

A parent of an infant may be fired for refusing to take an out-of-province work assignment, the Supreme Court of Canada has said in denying the appeal of a B.C. Appeal court ruling. B.C.’s top court said in February an employee had not established that his being ordered to work out of town for a period would harm the care his newborn

first child would receive. The Supreme Court’s Aug. 8 denial of leave to appeal upholds that decision. “There are many parents who are required to be away from home for extended periods for work-related reasons who continue to meet their obligations to their children,” the appeal court said Feb. 5 in ordering the case returned to B.C.’s Human Rights Tribunal. That decision overturned earlier ones from both the

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Supreme Court of B.C. and the tribunal. The Supreme Court of Canada does not give reasons for decisions denying a leave to appeal. Brian Suen alleged before the tribunal that Burnabybased Envirocon Environmental Services discriminated against him on the basis of family status when, shortly after the birth of his daughter, who had jaundice, it assigned him in January 2016 to a Manitoba

project requiring him to be away from home for eight to 10 weeks. On previous out-of-town assignments, the company had rotated Suen home. Considering his family situation, Suen refused, saying in “consideration of my wife and four-month-old baby, I will not be going to Manitoba.” The company director of projects replied in an email that Suen’s response was insubordinate. He was imme-

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diately fired. The tribunal decision said the company asserted it was a condition of Suen’s employment that he could be assigned to work on projects away from Burnaby, an assertion Suen denied. Suen filed a complaint with the tribunal, which Envirocon applied to have dismissed. Tribunal member Emily Ohler ruled evidence justified the case going to a hearing, a decision B.C. Supreme Court Justice Miri-

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am Maisonville called reasonable. Envirocon appealed and won in the appeal court. The Supreme Court of Canada case summary said the B.C. Appeal Court had ruled the facts alleged by Suen “could not establish that the change in the term or condition of employment had resulted in a serious interference with a substantial parental or other family duty or obligation.”

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