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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
With Christmas less than two weeks away, my 6-year old son is quite fixated on Santa’s naughty and nice lists, and on the question of whose names might appear on each side of the ledger. His enthusiasm has given me pause to take stock of the “naughty” and “nice” that I’ve observed over the past
If, like me, you estimate that you’ve heard this holiday tune about a million times, then you have probably wondered on more than one occasion, what kind of gifts are these? A partridge? I don’t care that it comes with a pear tree. Hens? Geese? I mean, other than the five golden rings (to which
These are the words, or more accurately the lyrics (I think they may belong to a Sesame Street song sung by Big Bird about his bowls of bird seed), that came to mind when I recently had opportunity to read the case of Stephen Henshaw v. Rochester Place Resort Inc. 2014 HRTO 1727 (Can LII).
One of the main advantages of settling a dispute before a trial is that the parties can agree to keep the terms of the settlement confidential. In contrast, judges’ decisions form part of the public record and can be easily accessed online. Those decisions include details of the allegations, findings of credibility and findings of
Until just recently, employers were able to enjoy free student labour without attracting obligations under the Occupational Health and Safety Act (OHSA). In that regard, if an unpaid co-op student or intern was injured in the workplace, the Ministry of Labour could not charge the employer for failing to protect that student from the injury
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