Serious insight for serious situations.

Serious insight for serious situations.

Insights

Reflections and news direct from Rubin Thomlinson.
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Beer may create a workplace hazard, even if it isn’t consumed

Alcohol use in the workplace has been the subject of significant discussion by employment lawyers and Canadian jurists in recent years. In 2013, the Supreme Court of Canada held, in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., that employers do not have an automatic right to impose

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Missing the target: Understanding mass terminations and CCAA protection

Over the last few weeks, the news has been dominated by stories of struggling businesses, including Target Canada Co. (“Target Canada”) and the impending mass termination of its employees. Many of these reports have focused on the (subjectively) small “severance packages” these employees are expected to receive. In Ontario, a “mass termination” is one that

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Corporate directors jailed after worker fatality

An Ontario court has recently ordered two corporate directors to each serve 25 days in jail after they pleaded guilty to safety violations that led to the death of a worker. New Mex Canada Inc., an importer and retailer of furniture and accessories, and directors Baldev Purba and Rajinder Saini, were charged under the Occupational

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Was race a factor? Drawing inferences in a discrimination analysis

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

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Occupational health and safety: Bell’s “Let’s Talk Day” puts the spotlight on mental health

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

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Feeling the pressure yet? Additional workload can cause legal liability for constructive dismissal

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

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Rudeness is not a Russian personality trait

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

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2015: An important year for workplace violence laws?

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

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