Courts and Tribunals have increasingly found in many instances that harassment “need not occur in the physical workplace to find that it occurred ‘in the workplace’”. To be the workplace, legal decision makers have focused on whether there is a nexus between the activity or the location and work. This is an interesting question of
Did you know that the Canadian Federal Government is our nation’s biggest employer? The Government of Canada signs the bi-weekly paycheque for upwards of 250,000 people in the core public administration and separate agencies.[1] All of these employees, plus roughly 100,000 National Defence and RCMP members and employees, look to the Treasury Board for their
Yesterday, in a much publicized press conference, the RCMP and the federal government announced that they had reached an agreement to settle a class action law suit in which some 500 current and former female RCMP employees claimed that they had been sexually harassed on the job. The agreement is subject to Federal Court approval,
As I think about what Canada’s 150th birthday means to me, I think about what it means to be Canadian and what I hope for the future of rights and freedoms in Canada and for Canadians. The words of former Prime Minister John Diefenbaker from 56 years ago still resonate. “I am a Canadian, free
Introduction Over the last few years, our workplace investigation practice has expanded to include a growing number of workplace assessments. Unlike investigations which focus on findings of fact, assessments take the cultural temperature of an organization or a work group within the organization. In contrast to investigations, which are generally triggered by a complaint, an
A recent Globe and Mail article highlights the fears that new parents face as they contemplate returning to work after a parental leave. It also highlights the issues employers must address when those employees return to work. Since our employer clients often raise questions about post-leave matters, we would like to offer some helpful tips
In a September 2, 2016 decision out of the Federal Court, Justice Russel Zinn did not mince words in his finding that a workplace investigator failed to retain an open mind during the course of her investigation. The decision, Balraj Shoan and Attorney General of Canada (2016 FC 1003) is a pointed reminder for all
While large organizations often have robust policies, human resources departments and, at times, human rights and/or investigation specialists to help them ensure that they are meeting the expectations of the Ontario Human Rights Code, it can be more challenging for smaller, less legally sophisticated organizations to ensure that they too are meeting expectations when faced with
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