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This week, Michael Sam became the first openly gay player to be drafted by the National Football League. The University of Missouri defensive end was drafted by the St. Louis Rams in the final round and, in an obviously emotional moment (televised by ESPN), turned to his boyfriend and gave him a kiss. If you’ve
“CIBC was cavalier, insensitive, and reckless. They forged ahead with a termination for cause based on inaccurate and incomplete information despite knowing they had a heightened responsibility to get it right.” This is the way The Honourable Mr. Justice Wong of the British Columbia Supreme Court described the CIBC’s decision to dismiss an employee for
In what the arbitration panel called a tragic case, an employee of the City of Calgary has been awarded $800,000 in damages (The City of Calgary and CUPE, Local 38, 2013 CanLII 88297). The employee, who worked as a clerk in the City’s Roads division, was sexually assaulted on a number of occasions by a
In a workplace investigation, it is not uncommon for complainants and potential witnesses to express concerns about job-related reprisals before speaking to the investigator. Recently, however, I had witnesses in two separate investigations tell me that they did not want to participate for fear of being sued by the respondent, with one witness specifically referencing
In the recent case of Islam v. Big Inc., 2013 HRTO 2009 (CanLII), the Human Rights Tribunal of Ontario ruled that a Toronto restaurant, Le Papillion on the Park (the employer), created a poisoned work environment by: a) forcing three Muslim restaurant workers to eat pork despite knowing that it was against their religious beliefs
Recently my colleague and I had the opportunity to travel to Iqaluit, Nunavut in order to provide workplace investigation training. As part of my preparation for our trip, I was introduced to the concept of Inuit Qaujimajatuqangit, a term for Inuit traditional knowledge and information that is passed down through oral history, customs and traditions.
There seem to be no shortage of articles and blogs these days touting the merits of conducting workplace investigations in many circumstances (we know because we write a lot of them). You read about how they can improve the workplace and help employers avoid legal liability. What you don’t often see written about is how
An employer alleges that an employee made anti-Semitic remarks about the employer’s owners, the employer reacts and terminates the employee for cause, an investigation is not conducted, and the employee is not given an opportunity to respond to the allegations before he is terminated. This was the case in Ludchen v. Stelcrete Industries Ltd., where
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