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The holiday season is full of cheer, celebration, hangovers…and legal implications for employers. Canadian courts have established that in some cases, employers are liable for the harm and damages caused by intoxicated/impaired employees after an employer-sponsored party. Those cases are ones in which: The employer provided the alcohol to the employee; The employer knew the
This time of year we find ourselves answering questions about what type of workplace celebrations are appropriate. Is wishing colleagues “Merry Christmas” a neutral greeting or is it offensive? Is it acceptable to have a Christmas tree in the office? Is Secret Santa a human rights problem? The reality is that not everyone celebrates Christmas.
We often hear from our clients, or through the course of investigations, that the incidents now being alleged to be harassment are part of the workplace culture, and that an employee’s active participation in the harassing behaviour means that the conduct should not constitute harassment for that employee. Is the employee’s participation in the harassing
Having spent almost half of this last month training individuals on how to conduct workplace investigations, I’ve been involved in some very interesting discussions with the over 75 people who have attended those sessions. Here are some of the highlights: 1. Internal investigators are anxious to understand when they should not be the one to
The past year has seen family status accommodation become a hot topic, and at times, a challenging employment law issue for many employers and human resources professionals. Adding to the law on family status, a recent Ontario arbitration reaffirms the legal obligation of an employer to address an employee’s accommodation request. In this case, Renee
The number of decisions dealing with how not to conduct workplace investigations continues to grow. One of these decisions, Ditomene v Boulanger, 2013 QCCQ 842, comes from the Quebec Court and while the case was decided under the Civil Code of Quebec, it provides a laundry list of flaws that should be avoided in a
In a decision released Friday November 15, 2013, the Supreme Court of Canada declared that Alberta’s Personal Information Protection Act (PIPA) is unenforceable, on account of the statute’s failure to protect the freedom of expression guaranteed by section 2(b) of the Canadian Charter of Rights and Freedoms. The Court has given the Alberta legislature twelve
Last week in our Employers’ Alert, we wrote about a number of recent age discrimination cases. We also referred to a number of American cases, and we pondered whether there would be an increase in age discrimination cases given the aging of the Canadian workplace, but also the presence of employees who are older than
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