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Serious insight for serious situations.

Serious insight for serious situations.

Cleaning up clear and convincing: Changes to Ontario police legislation

Late last week, the provincial government tabled Bill 175, the Safer Ontario Act, which contained extensive provisions to overhaul policing in Ontario. The Bill makes changes to a number of pieces of legislation, including the Police Services Act, which had been in place for twenty-seven years.  The proposed legislation includes changes to the civilian oversight

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“Locker Room Talk”: Defining sexual harassment in the Alberta case of Watkins v. Willow Park Golf Course

To say sexual harassment is a hot topic at the moment is an understatement. From Donald Trump’s now infamous Access Hollywood tape to multiple reports at Fox News to the Harvey Weinstein scandal, there is heightened awareness of the seriousness of sexual harassment and its impacts, particularly in the workplace. Despite the high profile nature

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What employers can learn from #MeToo

I started seeing the #metoo hashtag being posted by friends and acquaintances on Twitter and Facebook one Sunday evening, and by the next morning it seemed that every woman I knew had chimed in. For those who don’t know, a picture started circulating on social media that read: If all the women who have been

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September’s noteworthy workplace investigation cases from BC

Court and tribunal cases pertaining to workplace investigations used to be cause for excitement among workplace investigators because they were so few and far between. But more and more, we are seeing workplace investigations featured prominently in case law, either as the main issue or an ancillary one. In September there were two interesting cases

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Employers shouldn’t stand-by if they don’t want their employees to, and other lessons from RT’s Workplace Bystander Survey

Although there is a lot of buzz around bystanders these days, most of this discussion relates to encouraging bystander interventions in order to curb sexual harassment and violence on university campuses. At Rubin Thomlinson, this has got us thinking: What about workplaces? Why isn’t anyone talking about bystanders in the context of workplaces? As the

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The official word on unofficial bonus policies

On September 25, 2017, the Ontario Superior Court of Justice released its decision Fulmer v. Nordstrong Equipment Limited, 2017 ONSC 5529 (“Nordstrong”), where the Court dealt with a wrongful termination case, and issued a noteworthy determination on an employee’s bonus entitlements. The Facts The Plaintiff, Glen Fulmer (“Fulmer”) worked as a controller for Nordstrong Equipment

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When working notice of termination does not work

Faced with the prospect of significant severance obligations, an employer may choose to give an employee working notice of termination to reduce their monetary liability. Given that the implied contractual requirement at common law is to provide “reasonable notice of termination” (as compared to payment in lieu of notice), an employer is typically entitled to

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The wall: Tearing down poisoned work environments

“CSI-style wall…Creepy…I was horrified…Very evil…Disturbing behaviour.” These are phrases that might be used to describe an episode of Homeland or a big-budget suspense movie. In fact, these were statements uttered by individuals who worked with the Mayor of Whitchurch-Stouffville, Justin Altmann, regarding his behaviour in office. Mr. Altmann was the subject of a recent highly-publicized

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