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Serious insight for serious situations.

Serious insight for serious situations.

The effect of an investigation on the respondent

Most workplace investigation decisions focus on the psychological harm to complainants suffered as a result of the alleged misconduct. We have written about this issue before – see our discussion of the importance of a trauma-informed approach for victims of sexual assault here.

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A new watchdog in the workplace

The Public Sector and MPP Accountability and Transparency Act, 2014 (the “Act”) received Royal Assent on December 11, 2014. The intention of the Act is to strengthen government accountability in a number of areas by amending 16 pieces of legislation in Ontario. On September 1, 2015, the Act expanded the scope of the powers/authority of

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What the proposed PTSD protections may signal for the future of workplace mental illness laws

There has been a great deal of media coverage in recent months regarding the effects of Posttraumatic Stress Disorder (PTSD) on “first responders” (i.e. police, fire, and paramedic personnel).  It is generally understood that these professions, along with doctors, nurses, correctional officers, and military personnel are the most likely to experience PTSD as a result

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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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New job-protected leaves introduced in Ontario

On March 5, 2013, the Ontario government introduced new legislation which, if passed, would create three new job-protected leaves under the Employment Standards Act, 2000 (“ESA”). If these new leaves are added to the ESA, caregivers would be allowed to provide support to their loved ones without fear of being dismissed by their employer. The

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Employment insurance changes create new conditions for claimants

Employment Insurance (“EI”) benefits have provided temporary financial assistance to unemployed Canadians for decades. For most claimants, benefits are 55% of their weekly average insurable earnings, to a maximum of $485 per week. On January 6, 2013, several amendments affecting the availability of EI benefits came into effect. These amendments allow the government to differentiate

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Corporate director fined and sentenced to prison term for failure to pay wages

A recent decision of the Ontario Court of Justice shows that a company’s failure to abide by the Employment Standards Act, 2000 (“ESA”) can result in serious penalties for its directors. In that regard, the Court imposed a $280,000 penalty on six Ontario companies and the director of those companies, and also sentenced the director

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Coroner makes recommendations to improve occupational health and safety in construction industry

The Office of the Chief Coroner of Ontario has recently made recommendations to the Chief Prevention Officer and the Ministry of Labour relating to improved safety for workers in the construction industry. In the Verdict of the Coroner’s Jury regarding the Inquest into the death of Mark Pagavathsing, dated September 21, 2012 (2012 CanLII 66789),

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