BC Hydro and one of its former employees were involved in a parental leave disagreement that made its way to the Civil Resolution Tribunal.
The dispute decision includes a claim from BC Hydro that the former employee resigned without repaying a parental leave top-up allowance, which the utility says was a breach of the parental leave agreement.
BC Hydro claimed $4,393.37 in damages.
In response, the employee, DJ, filed a counterclaim saying that BC Hydro unfairly placed them on leave without pay, not providing them a fair opportunity to return. The tribunal noted that DJ preferred using gender neutral forms of address.
DJ also alleged that BC Hydro wrongfully dismissed them, claiming $5,000 in damages.
BC Hydro responded to that claim by saying DJ was not wrongfully dismissed because they abandoned their employment position.
DJ began his parental leave on Nov. 22, 2021. It ended at “some point” in 2022. Then, DJ was placed on unpaid leave of absence according to BC Hydro’s COVID-19 vaccination policy.
BC Hydro suspended its policy in September 2022, and DJ was contacted to return to work, but they did not.
Emails show that DJ said they weren’t abandoning their position. DJ said they wouldn’t return unless they were offered an apology, paid for the unpaid leave, and six months’ fully paid leave.
“BC Hydro responded, saying that the unpaid leave was the subject of an active union grievance and [DJ] was expected to return to work on Nov. 7, 2022, or they would be deemed to have abandoned their position. BC Hydro asked [DJ] to provide a doctor’s letter if they were not well enough to return,” the tribunal decision states.
Turning to the parental leave allowance, DJ signed for a top-up on Jan. 9, 2022. The allowance stated that if DJ didn’t return to work, or didn’t remain at work for a minimum of six months following parental leave, they would have to repay all or a pro-rated amount of the allowance.
DJ didn’t dispute getting the allowance, nor did they deny returning to work. They added that they weren’t comfortable returning to work because of comments made by BC Hydro’s CEO about not allowing unvaccinated employees to return to the office.
DJ also said they were uncomfortable returning to work because other employees wouldn’t come in if they were there.
Ultimately, the tribunal determined that BC Hydro was entitled to the parental leave allowance. DJ was ordered to pay $4,568.37 in damages and tribunal fees within 30 days of the tribunal’s decision.
