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A recent decision of the Superior Court of Justice, O’Reilly v Purolator Courier Ltd, 2014 ONSC 3266 (CanLII), suggests that questions regarding how a workplace investigation was conducted may mean that a release signed in favour of the employer may not be enforceable. The facts of the case are straightforward. In 2007, two female Purolator
As I have begun my workplace investigation practice in Nova Scotia in the last few months, I have encountered some commonly held misconceptions among the employers I’ve spoken with about workplace investigations. These “myths” impact how an employer decides to handle, or more commonly ignore, human rights complaints in the workplace, often to the detriment
Two years ago, I attended a Compliance and Ethics Academy in Chicago and was certified as a Compliance and Ethics Professional. Since then, I regularly review publications and articles about compliance systems throughout North America and am often struck by the consistent manner in which training requirements and initiatives impact workplaces when they are included
In the early hours of July 13, 2013, a runaway freight-train operated by Montreal Maine & Atlantic Railway (“MM&A”) and carrying more than 70 tanker-cars loaded with crude oil derailed in Lac-Megantic, Quebec. The resulting explosion and fire claimed 47 lives, and destroyed a large part of the town’s downtown area. In the aftermath of
Lately, I have had the opportunity to assist a number of employees who have had the unfortunate displeasure of being the recipients of a harassment complaint against them; let’s call them the “Respondents” for ease of reference. Each Respondent has expressed to me their initial reactions to the complaints. They are remarkably similar. They tell
For anyone following Britney Spears, they will know she has had her ups and downs, but so far her various “challenges” have not ended her career. Employees may not be so fortunate when it comes to their errors in judgment and mistakes. When can mistakes end the employment relationship for cause and when must employers
Before an employment relationship commences, perhaps the last thing that either workplace party wants to talk about is how it will end. That said, it is usually beneficial for employers to ensure that the offer letter (or employment contract) outlines all terms of employment, including the employee’s entitlements upon termination. There is employment standards legislation
On August 7, 2014 the Human Rights Tribunal of Ontario issued its decision in the case of Hulbert v. Cott Beverages. This was an application by Mr. Hulbert where he alleged that Cott Beverages discriminated against him contrary to the Human Rights Code (“the Code”). Specifically he alleged that his employer discriminated against him on
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