Serious insight for serious situations.

Serious insight for serious situations.

Terminating older employees – the debate continues: Do retirement plans diminish entitlement to notice?

Over the past couple of years, we have seen a number of cases in which courts have grappled with the amount of reasonable notice to be given to employees who have long service and who are past the traditional age of retirement. We wrote about this for the first time in our blog “How does

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Who guards the guardians? Nova Scotia Human Rights Commission makes costly procedural mistakes

“In my view, it would be contrary to the public interest for the Commission to avoid liability for costs in situations where it has mishandled a complaint to the degree seen in this case.” In Tessier v. Nova Scotia (Human Rights Commission) et al 2014 NSSC 65 (CanLII), the Nova Scotia Supreme Court (NSSC) ruled

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“New and improved” approach to summary judgments: The impact on wrongful dismissal litigation

Since I last wrote about the use of summary judgment in wrongful dismissal actions, there have been two significant updates: In January 2014, the Supreme Court revamped the approach to summary judgment motions in Hryniak v. Mauldin; and In the six months since Hryniak, the courts have applied this revamped approach to wrongful dismissal actions,

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Take time to set up your investigation process

“I feel the need, the need for speed.” For those of us raised in the 80s, this is the battle cry of Top Gun’s Maverick and Goose. But for many folks tasked with conducting internal workplace investigations, this quote may also call to mind the manager, lawyer, union leader, complainant or Board member that puts

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Unpaid interns: The pros and cons of working for free

Earlier this week, the president of the Canadian Internship Association, Claire Seaborn, spoke on CBC Radio about various controversies concerning unpaid internships by youth and new Canadians. In the last few months, unpaid internships have attracted attention from the media and the Ministry of Labour. Indeed this spring, the Ministry of Labour conducted workplace inspections

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Nova Scotia Leon’s learns lesson: Policy and procedures are a priority

“I find that the policy in place at the time was not an effective discrimination and harassment policy with respect to racial discrimination. To be a reasonable policy, it would minimally require a definition of discrimination.” Having found the internal investigation seriously flawed in the matter of Cromwell v. Leon’s Furniture Limited (2014 CanLII 16399

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I’ve won the lottery!

Ok, not literally.  But if you have kids who have gone to overnight camp, you know what I mean – it’s like being at adult camp.  And this year, my kids decided that they wanted to go for the whole summer!  When I share this with people and see the corresponding looks on their faces,

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Privacy breach by employee could have price tag for employer

A recent certification of a class action in the case of Evans v. Bank of Nova Scotia highlights the potential liability that Ontario employers can face for privacy breaches by their employees. Two years ago, the Ontario Court of Appeal (in the case of Jones v. Tsige) recognized the tort of intrusion upon seclusion in

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