I’ve been speaking with quite a few entrepreneurs lately about employment law issues, and I’ve been surprised to learn how few of them have ever worked with an employment lawyer. Their impression seems to be that, once you engage a lawyer, they come in, rack up thousands of dollars in legal fees and do not
During a recent AODA training session that I conducted, it became apparent that most organizations represented at the session had taken steps to meet their obligations under the Customer Service Standard and were now preparing for the next stage of compliance under the Integrated Accessibility Standards (IAS), dealing with employment, information and communication and transportation.
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,
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
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
I was fascinated to read Leah Eichler’s article in the Globe and Mail this past weekend discussing the rise of a new breed of “accidental entrepreneurs”. Unlike traditional entrepreneurs, who are motivated by a passion to solve a problem or turn a hobby into a paying job, the “accidental entrepreneur” has been spawned by the
Deen Morgan believed that he was targeted at work because of his skin colour. His employer did not agree but it dismissed Mr. Morgan’s concerns and instead found a reason to terminate his employment. When he took his complaint to the Human Rights Tribunal of Ontario (the “HRTO”), they ruled in a decision released last
The other week, my partner Chris Thomlinson and I conducted our first workplace investigation training session in Regina, Saskatchewan. We were with a great group of people. To prepare, Chris and I reviewed a number of interesting workplace investigation cases that have been decided in Saskatchewan, but have principles applicable for workplaces and investigators across the
In a decision released last week, Justice Moore of the Ontario Superior Court appears to have altered the law of constructive dismissal as it pertains to temporary layoffs. Before now, if an employee client came to us having been temporarily laid off, we would nonetheless have considered the possibility that the employee might have been
When delivering our workplace investigation training, we often discuss the need to assume a wide readership for the investigation reports that we prepare, and to write accordingly. Few of us, however, should expect a readership that the investigators tasked with looking into allegations against the Rutgers men’s basketball coach knew that they would face. Video
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