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When an employee requires accommodation following an injury or onset of a disability, an employer is often unsure where to draw the line in their communications and interactions with the employee. Accommodation is a collaborative process and it is important that the employer receives information and cooperation from the employee. At the same time, employees
A client recently asked if I knew of any Respectful Workplace Policies that could be used as a framework for creating their own policy. While I am familiar with a number of large organizations’ policies, I began wondering where I would turn if I was to begin searching for greater insight into what should go
In its June 2012 decision in Jones v. Tsige, the Ontario Court of Appeal established the tort for the invasion of personal privacy – “intrusion upon seclusion”. One employee sued another for having accessed her personal information over a period of four years. Jones and Tsige both worked for the Bank of Montreal but at
On occasion1, I tune into a longstanding television soap opera called, The Young and the Restless, as a distraction from the issues of everyday life. Most recently however, the soap opera did not act as a distraction, but rather reminded me of the societal challenges faced by employees who suffer from mental illness. As an
Following a two-year policy review process, the Ontario Workplace Safety and Insurance Board (“WSIB”) has recently published several new and revised policies, all of which became effective as of November 1, 2014. The review initiative came in response to challenges associated with determinations of “work-relatedness” and with the adjudication of claims involving pre-existing conditions; and indeed
For the past few years, work-related mental stress has been the subject of increasing attention from the media, as well as from government, regulatory bodies and other stakeholders. For example: In 2010, the Bill 168 amendments to Ontario’s Occupational Health and Safety Act formally recognized workplace harassment (together with workplace violence) as occupational health and
Legal fees and disbursements are important factors to be considered at every stage of litigation. Before commencing litigation, a party must assess whether the potential costs justify making a claim at all—i.e. “Does the amount I’ll likely recover outweigh the costs I’ll likely incur in recovering it?” Throughout the litigation, a prudent party will frequently
A recent decision of the Alberta Human Rights Commission takes a close look at the extent to which employers will need to address harassment to satisfy their obligations under the Alberta Human Rights Act (“Act”). The case dealt with the harassment of an Edmonton teacher who was harassed for two years by a Grade 8
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