A client recently asked if I knew of any Respectful Workplace Policies that could be used as a framework for creating their own policy. While I am familiar with a number of large organizations’ policies, I began wondering where I would turn if I was to begin searching for greater insight into what should go
In a case reported by the CBC last week, a Yellowknife woman said that she was distraught after a detailed report about her mental health was released to her employer. The woman has a mental illness and agreed to a psychiatric assessment because she was seeking various workplace accommodations. She says that she never agreed
A recent Alberta arbitration decision, Hinton Pulp, A Division of West Fraser Mills Ltd. v. Unifor Local 855, 2014 CanLII 57678 (AB GAA) illustrates how a lack of candour during an investigation can impact on the terms under which an employee is reinstated following a termination. The employer had terminated Thompson, a long-term employee with
I recently blogged about a case (Clark v. Bow Valley College 2014 AHRC 4) in which an employer was found by the Human Rights Tribunals of Alberta to have discriminated against an employee on the basis of her family status. The Tribunal concluded that the College had not accommodated the employee when she asked for her
A recent case from the Human Rights Tribunals of Alberta is an example of how childcare is quickly becoming a hot human rights issue in the post Canada (Attorney General) v. Johnstone [1] workplace. Readers will recall that in Johnstone, the Federal Court of Appeal articulated a four part test for prima facie discrimination in family
Occasionally I am asked to conduct investigations in remote parts of the country. Through discussions with the client, it is typically agreed that I will travel to one of their regional offices in order to conduct a number of the interviews in person. As I will only be making one trip, it is always important
Across the country, legal decision-makers are increasingly reviewing employers’ workplace investigation efforts and finding them flawed. Consistent with this trend is a case from New Brunswick, Cyndi Cross v. Irving Pulp & Paper Limited, 2012 CanLII 85143 (NBLA) in which Arbitrator George Filliter reviewed the employer’s workplace investigation, and found it deeply flawed. Cyndi Cross,
I spent much of this past weekend poring over the news associated with Rob Ford’s departure from the Toronto mayoral race due to ill health. Despite feeling sympathy for Mr. Ford and wishing him a speedy recovery, there were voters and columnists who spoke of their disappointment at being deprived of the opportunity to cast
Does piling boxes on a co-worker’s desk during a move constitute harassment? Does having your vehicle towed by your employer after you deliberately parked behind other vehicles, blocking them in, amount to intimidation? Does the employer have the right to change employee working hours to that of the posted hours of operation and in response
I was lucky enough to be invited to attend a TIFF Premiere this past weekend for the film “Welcome to Me”. In case you’re not familiar with the film, it tells the story of a woman, Alice, who suffers from Borderline Personality Disorder and wins $86 million in the lottery. The film focuses on the
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