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Constructive dismissal cases are tricky. The onus is on the employee to prove her case, often in the face of strong opposition from the employer. Moreover, the test is an objective one. It is not the employee’s subjective assessment of the workplace conditions that rules the day. Rather, it is the legal decision maker’s assessment
It has been less than two years since Madame Justice Marie Deschamps released her report in which she described an “underlying sexualized culture in the Canadian Armed Forces (CAF) that is hostile to women and LGBTQ members […],” and called for “broad-scale cultural reform,” among other things. In response, the CAF established “Operation Honour” and
Yesterday, in a much publicized press conference, the RCMP and the federal government announced that they had reached an agreement to settle a class action law suit in which some 500 current and former female RCMP employees claimed that they had been sexually harassed on the job. The agreement is subject to Federal Court approval,
I did this search this morning as an experiment. While not all the cases reported on CanLII[1] dealt with sexual harassment of an employee working a restaurant, many did. By way of a simplistic comparison, the search term “Sexual Harassment and Dentists” yielded 166 results. A quick review of the restaurant cases revealed a number
In his Report on the Ontario Human Rights Review 2012, Andrew Pinto commented on the general damages awards being awarded by the Human Rights Tribunal of Ontario (“HRTO”). Noting that general damages awards of $5,000, $10,000 and $15,000 seemed to correspond to low, medium and high damage awards, he commented that “there appears to be
I set aside some time this weekend to review the Ontario Government’s action plan to stop sexual violence and harassment, released on Friday, March 6, 2015, and it occurred to me that this seemed a particularly significant thing to be doing on International Women’s Day yesterday. According to the Government, 28% of Canadians say that
As employment lawyers, we are acutely aware of the value of training and education. This is why it is one of the centerpieces of our firm. Whether we are providing training on how to conduct a workplace investigation or on how to identify human rights issues, we know, based on what our clients tell us,
In a recent decision, Professional Institute of the Public Service of Canada v. Communications, Energy and Paperworkers’ Union of Canada, Local 3011, 2013 ONSC 2725, the Ontario Divisional Court held that the discharge of an employee who had sexually harassed a co-worker was an appropriate penalty. The employee, a mail room clerk, tried to kiss
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