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July first marks the one year countdown to our country’s 150th birthday. To celebrate this milestone, our lawyers will be writing a special blog on the first of each month for the next year. The blog will have no more than 150 words (#150words) from a case, or a legal document, or just something about
Over three years ago, we blogged about a case where an employee, Sharon Fair, was reinstated after almost a decade had passed since her dismissal, because her dismissal was held to be discriminatory. The specifics of the case can be found on our blog post here but in short, Ms. Fair alleged that she had
There are a number of “piggyback” claims that we see as part of wrongful dismissal claims against our employer clients – intentional infliction of mental distress; discrimination contrary to human rights legislation etc. Amongst these “piggyback” claims is defamation. An employee may claim that the employer (through one or more of its employees) has made
With Bill 132 set to become law on September 8, 2016 for employers, and, January 1, 2017 for colleges and universities, organizations will have a statutory obligation to investigate workplace sexual harassment and sexual violence allegations and report on the findings. As the Bill 132 changes appertain to colleges and universities, sexual violence is defined
No. We do not think so if what you and your client would like to accomplish is a neutral, unbiased and objective investigation, and a neutral, unbiased and objective report. In a post-Bill 132 world, where investigation processes and reports will be scrutinized more closely, we do not recommend this approach. When you act for
Last year I blogged about a decision of the Human Rights Tribunal of Ontario that considered the definition and scope of the ground of creed. While the decision laid out a clear analytical framework, the facts of the case were unique and of such specificity that it might have been difficult to see how the
In recent years, there has been a growing incidence of legal disputes involving inadequate workplace investigations. While these disputes often involve an employer’s failure to comply with prescribed statutory duties (e.g. as per the Occupational Health and Safety Act, the Ontario Human Rights Code, etc.), courts have equally demonstrated an increased willingness to impose upon
As I noted in my previous blog post, Bill 132 imposes a number of obligations on colleges and universities regarding sexual violence and harassment through amendments to the Ministry of Training, Colleges and Universities Act. As of January 1, 2017, publicly-funded universities and colleges will each be required to have a sexual violence policy in
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