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A decision out of the Federal Court of Appeal this month has provided a reminder for investigators that their approach, their reports and the eventual findings must be reasonable in order to pass judicial scrutiny. The decision, Emerence Miakanda-Batsika v. Bell Canada 2016 FCA 278, is an endorsement of a previous Federal Court decision (2014
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
Work is one of the single most important aspects of our lives. It fills our days and shapes our existence. Work is as old as humankind. These are the reasons that motivated me to become an employment lawyer – to help people in that aspect of their lives that we all have in common. The
As we know, workplace investigations are often challenging at the best of times. However, when investigating workplace sexual violence or sexual harassment even the most seasoned workplace investigator sometimes wonders why she did not pursue another profession. Not only is the subject matter deeply personal but can also be profoundly embarrassing and painful for individuals
Cessation of an employee’s employment can happen by way of termination of employment by the employer or resignation by the employee. In the case of a voluntary resignation, while the employer may feel as though it is losing a beneficial employee, the upside is that the employer is not liable for the dreadful “reasonable notice
In past blogs, I’ve talked about the duty to accommodate in the context of creed, and specifically about the scope of the ground of creed and how employers could determine whether or not a religious belief was sincerely held. A recent decision of the Court of Queen’s Bench of Alberta has provided some additional guidance
As the use of temporary workers is increasing, employers must be mindful of one common mistake that may result in significant liability – creating fixed-term contracts (intentionally or unintentionally) without early termination provisions. Depending on the work-related need, temporary workers may be hired for both fixed (advanced agreement as to end date) and indefinite (no
My son recently had a birthday and while talking about how he wanted to celebrate, I told him that the country we live in, Canada, is having a big birthday next year and that there would be lots of parties and fun things to do to commemorate the occasion. In typical young child fashion he
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