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Serious insight for serious situations.

Serious insight for serious situations.

Workplace Investigation Alert: BC case shows how employers should NOT handle workplace harassment

Special note to BC readers: If this subject is of interest to you, you may wish attend one of our related workshops in BC. Some spots are still open for the following sessions – we recommend registering soon. We hope to see you there. Bystander Intervention Training – May 23, 2018 Learn how to enable &

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Workplace Investigation Alert: Lessons on workplace investigations from a wrongful dismissal claim in Alberta

A recent case from Alberta, Smith v Vauxhall Co-Op Petroleum Limited, 2017 ABQB 525, provides a helpful example of what an employer should not do when investigating complaints of sexual harassment and sexual assault. In this wrongful dismissal case, the employer defended its decision to terminate Mr. S, the plaintiff-employee, by relying on the findings

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Punch causes nose bleed, but is not enough to be cause for dismissal

A recent decision from the Ontario Superior Court of Justice proves how challenging just cause dismissals can be for employers. In this case, the Court found that an employee who punched a co-worker in the nose did not deserve the “capital punishment” in employment law – dismissal for cause. The employee had 15 years of

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The price is right…or is it? Judicial guidance on the “reasonableness” of costs in an action

Legal fees and disbursements are important factors to be considered at every stage of litigation.  Before commencing litigation, a party must assess whether the potential costs justify making a claim at all—i.e. “Does the amount I’ll likely recover outweigh the costs I’ll likely incur in recovering it?” Throughout the litigation, a prudent party will frequently

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