Is Item 50.00 of the BC SPCA an arbitrary or discriminatory policy?
British Columbia, Canada
The following excerpt is from WCAT-2012-01017 (Re), 2012 CanLII 54372 (BC WCAT):
Item #50.00 cannot be characterized as arbitrary or discriminatory merely because it denies interest to some workers and grants it to others. In order to find that the interest policy is arbitrary or discriminatory, I must find that the discretion under section 82 has been exercised in a manner that results in workers being treated differently for arbitrary reasons or for purposes unrelated to the Act (Grace v. British Columbia (Lieutenant Governor in Council), 2000 BCSC 923, paragraph 71).
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