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In previous blog posts, I’ve written about Ontario’s Bill 132, the Sexual Violence and Harassment Plan Act which received Royal Assent on March 8, 2016. On May 19, 2016, British Columbia’s Sexual Violence and Misconduct Policy Act (the “Act”), received Royal Assent, making British Columbia the second Canadian province to pass legislation requiring mandatory policies
For any modern, public-facing organization, a social media presence has come to feel less like a “nice feature” and more like an absolute “must-have” to stay competitive and relevant. In particular, today’s customers demand and, indeed, expect a social media platform where they can receive succinct, immediate, one-on-one support without having to interact with a
I chose this quote months ago when the idea for 150 Words was born. For me, it underscores the importance of our work with employers in promoting respect in the workplace, and the corresponding positive impact this has on people’s working experience: We need human rights. Whether we like it or not, religious, ethnic and
Employers walk a fine line when trying to implement changes to their employees’ terms of employment. They often ask us the following: “how do we prevent a constructive dismissal claim?” A recent Ontario decision provides employers with helpful guidance about making unilateral changes without falling into the constructive dismissal trap. What is constructive dismissal? Constructive
It is no secret that Canadian courts have a strong aversion to restrictive covenants in the employment context. The common law presumption has long been that such obligations are restraints on trade, and are therefore prima facie unenforceable unless they are reasonable between the parties and with reference to the public interest. Courts generally consider
In December, 2015, I wrote a blog on the 2015 Ontario Superior Court (the “ONSC”) decision in Oudin v. Le Centre Francophone de Toronto (“Oudin”). The decision was of particular interest because the court found that a termination provision effectively displaced the common law presumption of an employee’s entitlement to reasonable notice of termination despite:
After three months’ hiatus, I’m back with the second half of this series. Given the delay, I suspect some may need to have their memories jogged (pull out those sweatbands!). Without further ado, I invite you to have a gander at “Where HR Professionals Get It Wrong: Employment Counsels’ Collective Musings”. What I find most
The recent decision of Chen v. Moxie’s Restaurants Management Inc. from small claims court in British Columbia highlights some of the fundamental requirements for a workplace investigation and the consequences of an inadequate investigation. Mr. Chen was an employee of Moxie’s Restaurants for approximately four months until he was dismissed when one of the female
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