Across the country, legal decision-makers are increasingly reviewing employers’ workplace investigation efforts and finding them flawed. Consistent with this trend is a case from New Brunswick, Cyndi Cross v. Irving Pulp & Paper Limited, 2012 CanLII 85143 (NBLA) in which Arbitrator George Filliter reviewed the employer’s workplace investigation, and found it deeply flawed. Cyndi Cross,
I spent much of this past weekend poring over the news associated with Rob Ford’s departure from the Toronto mayoral race due to ill health. Despite feeling sympathy for Mr. Ford and wishing him a speedy recovery, there were voters and columnists who spoke of their disappointment at being deprived of the opportunity to cast
Alleging cause against an employee is the most severe punishment an employer can impose. It means no severance, no reference and no Employment Insurance Benefits for the employee. Being accused of wrongdoing can have far reaching consequences for an employee. As a result, employers bear the burden of proving cause, which can be difficult and
Does piling boxes on a co-worker’s desk during a move constitute harassment? Does having your vehicle towed by your employer after you deliberately parked behind other vehicles, blocking them in, amount to intimidation? Does the employer have the right to change employee working hours to that of the posted hours of operation and in response
I was lucky enough to be invited to attend a TIFF Premiere this past weekend for the film “Welcome to Me”. In case you’re not familiar with the film, it tells the story of a woman, Alice, who suffers from Borderline Personality Disorder and wins $86 million in the lottery. The film focuses on the
For an employee to successfully argue that she has been constructively dismissed is an uphill battle. The onus is on her to show that a fundamental term of the contract of employment has been breached, she has not condoned that breach, and in walking out the door, she has not failed to mitigate her damages.
A recent decision of the Superior Court of Justice, O’Reilly v Purolator Courier Ltd, 2014 ONSC 3266 (CanLII), suggests that questions regarding how a workplace investigation was conducted may mean that a release signed in favour of the employer may not be enforceable. The facts of the case are straightforward. In 2007, two female Purolator
As I have begun my workplace investigation practice in Nova Scotia in the last few months, I have encountered some commonly held misconceptions among the employers I’ve spoken with about workplace investigations. These “myths” impact how an employer decides to handle, or more commonly ignore, human rights complaints in the workplace, often to the detriment
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