On my run this morning, I passed store windows filled with all sorts of tools and inspiration for every possible resolution: losing weight, getting organized, exercising more…I came home inspired to do my own planning for 2014. But when I flipped through the newspaper, I came across an article by a columnist who updated us
While employment lawyers do not ponder the same life or death issues as Hamlet in his famous soliloquy, they face difficult issues about how to approach employment litigation. In particular, employment lawyers must consider whether they should bring a summary judgment motion to seek a quick resolution to their clients’ cases or proceed through the
The holiday season is full of cheer, celebration, hangovers…and legal implications for employers. Canadian courts have established that in some cases, employers are liable for the harm and damages caused by intoxicated/impaired employees after an employer-sponsored party. Those cases are ones in which: The employer provided the alcohol to the employee; The employer knew the
This time of year we find ourselves answering questions about what type of workplace celebrations are appropriate. Is wishing colleagues “Merry Christmas” a neutral greeting or is it offensive? Is it acceptable to have a Christmas tree in the office? Is Secret Santa a human rights problem? The reality is that not everyone celebrates Christmas.
We often hear from our clients, or through the course of investigations, that the incidents now being alleged to be harassment are part of the workplace culture, and that an employee’s active participation in the harassing behaviour means that the conduct should not constitute harassment for that employee. Is the employee’s participation in the harassing
Having spent almost half of this last month training individuals on how to conduct workplace investigations, I’ve been involved in some very interesting discussions with the over 75 people who have attended those sessions. Here are some of the highlights: 1. Internal investigators are anxious to understand when they should not be the one to
The past year has seen family status accommodation become a hot topic, and at times, a challenging employment law issue for many employers and human resources professionals. Adding to the law on family status, a recent Ontario arbitration reaffirms the legal obligation of an employer to address an employee’s accommodation request. In this case, Renee
The number of decisions dealing with how not to conduct workplace investigations continues to grow. One of these decisions, Ditomene v Boulanger, 2013 QCCQ 842, comes from the Quebec Court and while the case was decided under the Civil Code of Quebec, it provides a laundry list of flaws that should be avoided in a
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