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In a recent decision, Professional Institute of the Public Service of Canada v. Communications, Energy and Paperworkers’ Union of Canada, Local 3011, 2013 ONSC 2725, the Ontario Divisional Court held that the discharge of an employee who had sexually harassed a co-worker was an appropriate penalty. The employee, a mail room clerk, tried to kiss
I often find myself explaining the meaning of a confidentiality provision to an employer who I am representing in mediation or in settlement negotiations. I am always asked what if the other side breaches it and says something about what we have agreed to pay them? What can I do? The answer, I must admit,
On March 22, 2006, the ferry “Queen of the North” ran aground and sank in Wright Sound, British Columbia. Tragically, two passengers were lost and presumed drowned. The ensuing Transportation Safety Board investigation concluded that the ferry’s navigation officer, Karl Lilgert, had at the time of the accident been engaged in conversation with Karen Briker,
Last week, some members of the Rubin Thomlinson team watched “The Internship”, where the comedic duo of Vince Vaughn and Owen Wilson moved on from crashing weddings to crashing Google’s summer internship program. The film begins with a pair of outdated salesmen (Vaughn and Wilson) losing their jobs when their employer closes its doors. Instead
This week I attended a Strategic Capability Network event entitled “HR of the Future in a Global World”, presented by Luca Solari, a visiting professor of human resource management at California Polytechnic State University. In his presentation, Professor Solari compared a human resource professional seeking attention from senior management to a teenager seeking attention from
Recently I was invited to present a paper at the 2013 Canadian Association of Statutory Human Rights Agencies (CASHRA) as part of a panel titled A Model for the Future: Restorative Approach. The question the panel was designed to address was, “Can a restorative approach meet the stated purpose of each human rights jurisdiction in
Whether you’ve been “let go”, “discharged”, “dismissed” or “permanently laid off”, the end result is that you’re facing the uncertainty accompanied with losing one’s job. Given that this is a difficult, and often emotional time for employees, many may not recognize their rights and obligations upon termination. In that regard, the following is a list
This past Sunday was Father’s Day. This made us wonder, how has the relationship between fathers and their children been reflected in employment law cases? After we reflected on the cases that immediately came to mind, and then rounded out the list with some research, it became clear that this very special relationship has served
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