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Serious insight for serious situations.

Serious insight for serious situations.

Rehiring the man who had sexually harassed her over a decade before, triggers employee’s constructive dismissal

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

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A Schrenk Explainer: The case before the Supreme Court of Canada and why it matters

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

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On Seeing an Employment Lawyer for the First Time: Thoughts From Two Toronto Employment Lawyers

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

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Employee Information and Social Media Part Two: What About Mitigation Efforts?

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

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