When discussing workplace complaints and conflicts with clients or while delivering training, I regularly hear that the most challenging situations to address are those which seem to involve competing individual rights. Employers are unsure how to proceed when both parties seem to be making a valid argument under the organization’s policies or the Ontario Human
A case crossed my desk this week that clearly illustrates the challenges lawyers face when dealing with an unrepresented party, in this case, at a hearing at the Human Rights Tribunal of Ontario (the “Tribunal”). Luthra v CAPREIT Limited Partnership, 2015, HRTO 1658 (CanLII) is a decision of Adjudicator Jo-Anne Pickel, dated December 9, 2015.
Employers often lament that it’s hard to find “good people.” There are a number of ways in which employers seek out “good” employees, including job postings, referrals and third party recruitment. It is the latter tactic that has put a wrinkle in a number of files I have handled. While third party recruitment is a
I read recently that the Hydro One employee who was terminated in the “FHRITP” fracas had recently been reinstated, through an arbitration process, after he, among other things, extended a sincere apology to the reporter. Reading about his reinstatement made me think about the power of the apology. There is no question that an apology
Corporate restructuring has become a business reality in our volatile global economy. Just last week, Maple Leaf Foods announced its plan to cut more than 400 jobs across the country in a move to redirect resources and remain cost competitive. Other large organizations, including Bell Media and Enbridge, have recently announced similar restructuring plans that
On October 27, 2015, the Ontario government tabled its Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) 2015 (the “Act”). Last week my colleague Janice Rubin wrote about the implications for employers of the amendments to the Occupational Health and Safety Act. This week, I am considering the implications for Ontario’s colleges
On October 27, 2015, the Ontario government tabled its Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) 2015 (the “Act”). The Act amends the Occupational Health and Safety Act, and in particular, those provisions brought in through Bill 168 in 2010 that set out employers’ obligations to have
The “Fresh Consideration” Doctrine The need for “fresh consideration” has long been a fundamental requirement to the enforceability of contracts. More specifically, in the absence of exceptional circumstances, an existing obligation or duty to perform cannot be used as valid consideration for the creation of a new contract. The legal doctrine of “fresh consideration” is
The decision in Bakery, Confectionery, Tobacco & Grain Millers International Union, Local 410 v. Canada Bread Company Limited, 2015 CanLII 20939 (NL LA) was interesting not only for its outcome, but equally for the description of the workplace investigation conducted into the horseplay/violence incident giving rise to the grievance arbitration. This incident occurred on April
The people who ran the Northern Lights Manor (the “Manor”), a personal care home in Flin Flon, Manitoba, certainly thought so. However, their steadfast belief in this approach to dealing with alcohol addiction has now led to a very costly legal decision against the Manor. Linda Horrocks worked at the Manor as a health care
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