Serious insight for serious situations.

Serious insight for serious situations.

Particular problems with making bald allegations against dismissed employees

As justification for offering reduced termination packages to departing employees, employers often make bald and generalized allegations of misconduct and/or substandard performance. Although this aggressive approach sometimes has its advantages during the preliminary phases of negotiating a termination package, employers may face unintended consequences if the matter subsequently becomes litigious. The Supreme Court of Canada

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Who do you choose? Workplace investigator selection in the Ontario and federal jurisdictions

I can almost hear the whirr of printers in human resources departments across Ontario pumping out the recent Ministry of Labour “Code of Practice to Address Workplace Harassment under Ontario’s Occupational Health and Safety Act [OHSA]” (“the Code of Practice”). This Code of Practice will no doubt become the go-to manual for Ontario employers as they

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Risks of paying employees “under the table”

The Ontario Employment Standards Act, 2000 (the “ESA”) is intended to be remedial legislation, designed to protect vulnerable employees.  While employers cannot contract out of many of the provisions in the ESA, the practical reality is that not every employment relationship is 100% compliant. This non-compliance may come as a result of either the employer

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Ensuring witness statement accuracy in investigations

As an external investigator, I conduct investigations for various organizations using their policies and procedures as the basis for my process. Sometimes these organizations include within their policy a requirement that parties and witnesses be given the opportunity to review and sign off on my interview notes, or a statement that I have prepared based

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Bill 23: British Columbia’s response to sexual violence and misconduct on campus

In previous blog posts, I’ve written about Ontario’s Bill 132, the Sexual Violence and Harassment Plan Act which received Royal Assent on March 8, 2016. On May 19, 2016, British Columbia’s Sexual Violence and Misconduct Policy Act (the “Act”), received Royal Assent, making British Columbia the second Canadian province to pass legislation requiring mandatory policies

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Taming Twitter: 5 ways to manage customer-driven harassment of employees on social media

For any modern, public-facing organization, a social media presence has come to feel less like a “nice feature” and more like an absolute “must-have” to stay competitive and relevant. In particular, today’s customers demand and, indeed, expect a social media platform where they can receive succinct, immediate, one-on-one support without having to interact with a

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150 Words

I chose this quote months ago when the idea for 150 Words was born. For me, it underscores the importance of our work with employers in promoting respect in the workplace, and the corresponding positive impact this has on people’s working experience: We need human rights. Whether we like it or not, religious, ethnic and

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