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One of the frequent questions we are asked when conducting our workplace investigation training is, “When faced with conflicting evidence at the end of a workplace investigation, how can we make decisions about the relative credibility of the parties and witnesses?” Even more challenging can be articulating the reasons why you believe the evidence of
In a landmark decision that could have a significant impact on employers, the Ontario Workplace Safety and Insurance Appeals Tribunal (“WSIAT”, or the “Tribunal”) recently declared sections 13(4) and (5) of the Workplace Safety and Insurance Act, 1997 – which preclude entitlement to WSIB benefits for chronic mental stress – to be unconstitutional. That decision,
On Wednesday, May 7, 2014, a worker was tragically – and fatally – attacked by large black bear at a Suncor mining facility near Fort McMurray, Alberta. It seems trite to observe that the worker’s encounter with the bear (as opposed to the types of industrial hazards more readily associated with mining operations) would have
Litigation is rarely the preferred option for employers, but when an employer and a former employee cannot agree on the terms of a severance package, litigation may be inevitable. As an employer, what can you expect when you’re expecting a wrongful dismissal claim? Here is a high-level overview of the major steps in wrongful dismissal
Just last week, I wrote about the Miami Dolphins’ swift and effective response to offensive tweets posted by a player in response to the NFL’s draft of its first openly gay player, Michael Sam. Within a week, news of offensive and sexist e-mails written by Richard Scudamore, the Chief Executive of the Premier League, were
I have been “away” for the last number of years, and here I am, back in Halifax, with my own workplace investigation practice. My pleasure at being home has been tempered by the potholes populating Halifax streets. As I was bobbing and weaving down roads leading toward and away from everywhere, I started thinking about
This week, Michael Sam became the first openly gay player to be drafted by the National Football League. The University of Missouri defensive end was drafted by the St. Louis Rams in the final round and, in an obviously emotional moment (televised by ESPN), turned to his boyfriend and gave him a kiss. If you’ve
Chief Justice Beverley McLachlin is well known for her outspoken views about access to justice. Chief Justice McLachlin has for many years written and spoken about the unaffordability of our legal system. She has been critical of our system, noting that trials have become the norm and that delay is rampant, making it impossible for
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