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We often hear from clients and participants in our training courses that they have difficulty determining whether discrimination has occurred at the conclusion of their investigations. A recent decision of the Human Rights Tribunal of Ontario succinctly articulates the test for discrimination and demonstrates its application. In Pieters v. Toronto Police Services Board (2014 HRTO
This past Wednesday, January 28, was Bell Canada’s “Let’s Talk Day”, an annual event in which the communications giant makes additional donations (beyond its other contributions throughout the year) to Canadian mental health programs based on the number of text messages, wireless and long distance calls, and certain tweets and Facebook shares transmitted by its
I recently read an article written by Leah Eichler for the Globe and Mail (January 17, 2015) titled: “Do more – without blowing a gasket.” In the article she referenced a colleague who never sleeps. She stated that he responds to her emails or texts late into the night and regardless of the hour he
When I’m conducting training sessions on human rights and respect at work, I predictably talk about how people can be found liable for breaching the Human Rights Code even if they didn’t intend to offend. Someone will usually then ask whether that means that anyone can complain about behaviour that they find offensive, even if
In response to the recent cases of violence against nurses at the Centre for Addiction and Mental Health (CAMH), the Ontario Nurses’ Association (ONA) has stated that nurses face an epidemic of workplace violence. In December 2014, the Ontario Ministry of Labour laid charges against CAMH relating to an incident involving the alleged beating of
I would venture to say that many, if not most of us have struggled with credibility assessments in our practices. Whether interviewing witnesses in workplace investigations or as legal counsel preparing clients to give evidence, we are alive to what is being said and how it is being received. More often than not decisions arising
As of October 31, 2014, several amendments to the occupational health and safety (“OHS”) provisions of the Canada Labour Code (the “Code”) came into effect. Those amendments may have significant implications for federally-regulated organizations, particularly inasmuch as Parliament has now transferred statutory authority from “a health and safety officer” directly to the Minister of Labour,
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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