As we know, workplace investigations are often challenging at the best of times. However, when investigating workplace sexual violence or sexual harassment even the most seasoned workplace investigator sometimes wonders why she did not pursue another profession. Not only is the subject matter deeply personal but can also be profoundly embarrassing and painful for individuals
Cessation of an employee’s employment can happen by way of termination of employment by the employer or resignation by the employee. In the case of a voluntary resignation, while the employer may feel as though it is losing a beneficial employee, the upside is that the employer is not liable for the dreadful “reasonable notice
In past blogs, I’ve talked about the duty to accommodate in the context of creed, and specifically about the scope of the ground of creed and how employers could determine whether or not a religious belief was sincerely held. A recent decision of the Court of Queen’s Bench of Alberta has provided some additional guidance
As the use of temporary workers is increasing, employers must be mindful of one common mistake that may result in significant liability – creating fixed-term contracts (intentionally or unintentionally) without early termination provisions. Depending on the work-related need, temporary workers may be hired for both fixed (advanced agreement as to end date) and indefinite (no
Some months ago, I was asked to speak at the Human Resources Professional Association’s HR Law Conference to be held in Toronto on October 20, 2016. My task was to identify the notable developments in workplace human rights over the last 25 years. This was no mean feat. There were so many cases to consider.
Did you know that the Canadian Federal Government is our nation’s biggest employer? The Government of Canada signs the bi-weekly paycheque for upwards of 250,000 people in the core public administration and separate agencies.[1] All of these employees, plus roughly 100,000 National Defence and RCMP members and employees, look to the Treasury Board for their
Yesterday, in a much publicized press conference, the RCMP and the federal government announced that they had reached an agreement to settle a class action law suit in which some 500 current and former female RCMP employees claimed that they had been sexually harassed on the job. The agreement is subject to Federal Court approval,
Introduction Over the last few years, our workplace investigation practice has expanded to include a growing number of workplace assessments. Unlike investigations which focus on findings of fact, assessments take the cultural temperature of an organization or a work group within the organization. In contrast to investigations, which are generally triggered by a complaint, an
In a September 2, 2016 decision out of the Federal Court, Justice Russel Zinn did not mince words in his finding that a workplace investigator failed to retain an open mind during the course of her investigation. The decision, Balraj Shoan and Attorney General of Canada (2016 FC 1003) is a pointed reminder for all
While large organizations often have robust policies, human resources departments and, at times, human rights and/or investigation specialists to help them ensure that they are meeting the expectations of the Ontario Human Rights Code, it can be more challenging for smaller, less legally sophisticated organizations to ensure that they too are meeting expectations when faced with
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