As we know, workplace investigations are often challenging at the best of times. However, when investigating workplace sexual violence or sexual harassment even the most seasoned workplace investigator sometimes wonders why she did not pursue another profession. Not only is the subject matter deeply personal but can also be profoundly embarrassing and painful for individuals
Cessation of an employee’s employment can happen by way of termination of employment by the employer or resignation by the employee. In the case of a voluntary resignation, while the employer may feel as though it is losing a beneficial employee, the upside is that the employer is not liable for the dreadful “reasonable notice
In past blogs, I’ve talked about the duty to accommodate in the context of creed, and specifically about the scope of the ground of creed and how employers could determine whether or not a religious belief was sincerely held. A recent decision of the Court of Queen’s Bench of Alberta has provided some additional guidance
As the use of temporary workers is increasing, employers must be mindful of one common mistake that may result in significant liability – creating fixed-term contracts (intentionally or unintentionally) without early termination provisions. Depending on the work-related need, temporary workers may be hired for both fixed (advanced agreement as to end date) and indefinite (no
My son recently had a birthday and while talking about how he wanted to celebrate, I told him that the country we live in, Canada, is having a big birthday next year and that there would be lots of parties and fun things to do to commemorate the occasion. In typical young child fashion he
In response to an employee’s mistake or failure to perform one or more of his or her regular duties, employers may be inclined to withhold that employee’s wages. However, this is generally prohibited under the Ontario Employment Standards Act, 2000 (the “ESA”). I have seen this issue arise where an employer attempts to incentivize an
A recent decision of the Human Rights Tribunal of Ontario (HRTO) has created further confusion on the duty to accommodate as it relates to discrimination on the basis of family status. Family Status – A (brief) History Historically, there have been multiple (and conflicting) lines of cases on the test to be applied in cases
Some months ago, I was asked to speak at the Human Resources Professional Association’s HR Law Conference to be held in Toronto on October 20, 2016. My task was to identify the notable developments in workplace human rights over the last 25 years. This was no mean feat. There were so many cases to consider.
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