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With Christmas less than two weeks away, my 6-year old son is quite fixated on Santa’s naughty and nice lists, and on the question of whose names might appear on each side of the ledger. His enthusiasm has given me pause to take stock of the “naughty” and “nice” that I’ve observed over the past
If, like me, you estimate that you’ve heard this holiday tune about a million times, then you have probably wondered on more than one occasion, what kind of gifts are these? A partridge? I don’t care that it comes with a pear tree. Hens? Geese? I mean, other than the five golden rings (to which
One of the main advantages of settling a dispute before a trial is that the parties can agree to keep the terms of the settlement confidential. In contrast, judges’ decisions form part of the public record and can be easily accessed online. Those decisions include details of the allegations, findings of credibility and findings of
When an employee requires accommodation following an injury or onset of a disability, an employer is often unsure where to draw the line in their communications and interactions with the employee. Accommodation is a collaborative process and it is important that the employer receives information and cooperation from the employee. At the same time, employees
A client recently asked if I knew of any Respectful Workplace Policies that could be used as a framework for creating their own policy. While I am familiar with a number of large organizations’ policies, I began wondering where I would turn if I was to begin searching for greater insight into what should go
In its June 2012 decision in Jones v. Tsige, the Ontario Court of Appeal established the tort for the invasion of personal privacy – “intrusion upon seclusion”. One employee sued another for having accessed her personal information over a period of four years. Jones and Tsige both worked for the Bank of Montreal but at
With the increasing use of email during the recruitment process, it is possible that certain terms of an employment relationship will be first discussed, if not finalized, over email before they are ever (ideally!) put into an employment contract. So, can the items discussed over email constitute terms of employment if they do not make
On August 7, 2014 the Human Rights Tribunal of Ontario issued its decision in the case of Hulbert v. Cott Beverages. This was an application by Mr. Hulbert where he alleged that Cott Beverages discriminated against him contrary to the Human Rights Code (“the Code”). Specifically he alleged that his employer discriminated against him on
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