Constructive dismissal cases are tricky. The onus is on the employee to prove her case, often in the face of strong opposition from the employer. Moreover, the test is an objective one. It is not the employee’s subjective assessment of the workplace conditions that rules the day. Rather, it is the legal decision maker’s assessment
This past Tuesday, on March 28, 2017, the Supreme Court of Canada (the “Court”) heard arguments in British Columbia Human Rights Tribunal v. Edward Schrenk.[i] The case raises very important issues as to who is entitled to protections against harassment and discrimination in the workplace and in what workplace settings and employment-related relationships. The Court
We recently sat down to discuss what employee clients can do both before and during their first meeting with us to contribute to the exchange being successful. These are the clients who seek our advice in terms of a possible wrongful dismissal, a sexual harassment complaint, helping them respond to an offer of employment, or
In the last month, two personal injury cases have crossed my desk that have left me wondering how aggressively employers and their lawyers will or should incorporate social media searches to examine a terminated employee’s mitigation efforts.Perhaps this is already happening. In both cases, the social media profiles of plaintiffs who claimed they were injured
We are all familiar with sexual harassment as a subject matter for workplace investigations. In a post Bill 168 world, psychological harassment investigations are also becoming common. However, with an increasingly wired workforce dependent on electronic communication, we are in a new era in which employees are becoming victim to “textual harassment”. In our firm,
An interesting case crossed my desk this week. It was the wrongful dismissal case of Whiteman v. Eastern Lift Truck Inc. 183 A.C.W.S. (3d) 87. The case was recently decided by Mr. Justice Ray of the Superior Court of Justice. What jumped out at me was how efficiently the plaintiff and his counsel made use
Over the last couple of months, we have seen our employer clients engage an increasing number of “independent contractors”. This can be an effective way of getting overflow work done without adding to the headcount, and adding fresh blood to an organization. Here are a few things to look for when structuring these arrangements: 1.
For those of you following the progress of Bill 168, which proposes to add explicit protections for employees against workplace violence and harassment, you will know that one of the trickier elements of the Bill is the requirement that employers perform a risk assessment of the workplace. The purpose of this assessment is to determine