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In its June 2012 decision in Jones v. Tsige, the Ontario Court of Appeal established the tort for the invasion of personal privacy – “intrusion upon seclusion”. One employee sued another for having accessed her personal information over a period of four years. Jones and Tsige both worked for the Bank of Montreal but at
Alleging cause against an employee is the most severe punishment an employer can impose. It means no severance, no reference and no Employment Insurance Benefits for the employee. Being accused of wrongdoing can have far reaching consequences for an employee. As a result, employers bear the burden of proving cause, which can be difficult and
Imagine that you have worked for a company for several years as a sales person. Your compensation is directly related to how many deals you close. Networking is a key part of meeting sales targets. You get excited when you learn that the company is hosting a customer appreciation day. Many of your clients are
Earlier this week, the president of the Canadian Internship Association, Claire Seaborn, spoke on CBC Radio about various controversies concerning unpaid internships by youth and new Canadians. In the last few months, unpaid internships have attracted attention from the media and the Ministry of Labour. Indeed this spring, the Ministry of Labour conducted workplace inspections
Chief Justice Beverley McLachlin is well known for her outspoken views about access to justice. Chief Justice McLachlin has for many years written and spoken about the unaffordability of our legal system. She has been critical of our system, noting that trials have become the norm and that delay is rampant, making it impossible for
This past month, my colleagues and I have been thinking and writing a lot about religious and cultural observances in the workplace and with Passover around the corner, I thought it would be timely to address how this very important Jewish holiday intersects with the law of religious accommodation. In a couple of weeks, Jews
As employment lawyers, we are acutely aware of the value of training and education. This is why it is one of the centerpieces of our firm. Whether we are providing training on how to conduct a workplace investigation or on how to identify human rights issues, we know, based on what our clients tell us,
In a recent decision, Professional Institute of the Public Service of Canada v. Communications, Energy and Paperworkers’ Union of Canada, Local 3011, 2013 ONSC 2725, the Ontario Divisional Court held that the discharge of an employee who had sexually harassed a co-worker was an appropriate penalty. The employee, a mail room clerk, tried to kiss
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