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HRinfodesk Poll result and commentary: The presence of psychological risks or mental illnesses in the workplace

The Psychological Health and Safety in the Workplace standard was released on January 16, 2013, by the Canadian Standards Association. Canadian companies and employees across the country can turn to a new national standard to help them identify and address psychological risks and mental health issues in the workplace. We wanted to know if employers were aware of any cases of psychological risks or mental illnesses in their workplaces. This is why our last poll asked readers: Have you encountered employees who suffer from psychological risks or mental illnesses (i.e., depression, bipolar) in your workplace?

 

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Supervisor circulated pornography, damaged employment relationship, terminated for cause

When a workplace supervisor accessed pornographic, racist and other inappropriate material via a work computer and circulated it to employees and employer contacts, the employer had just cause to dismiss him. The employee claimed he was wrongfully dismissed, but the Alberta Court of Queen’s Bench was not convinced and acceded to the employer’s request to dismiss the employee’s claim without trial.

 

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Employer sexually harassed adolescent employee

The Yukon Human Rights Board of Adjudication just found that a teenaged employee was sexually harassed by her employer with persistent unwelcome sexual conduct. This finding was underscored by the power imbalance, age difference and generational communication issues present. That said, the harassment was considered to be at the most mild end of the spectrum of sexual harassment.

 

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What are an employer’s human rights obligations with respect to gender identity?

Across Canada, there is a trend in human rights law to increase protections for transgendered individuals. Last year, Ontario and Manitoba joined the Northwest Territories in expressly including “gender identity” as a prohibited ground of discrimination under their human rights legislation. Ontario also included “gender expression” as a prohibited ground. In addition, Nova Scotia in 2012 added “gender identity” and “gender expression” to its Human Rights Act to protect transgendered persons from discrimination.

 

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Psychological health & safety in the workplace: Now more important than ever

As of January 2013, Canada is now the first country in the world to adopt a national standard for mental health in the workplace. Several health and safety and human rights legislation across Canada already address providing safe and healthy workplaces, the prevention of harassment that includes bullying, sexual harassment, and discrimination based on disability which includes mental illnesses. However, this new standard now gives employers and employees support to make their workplaces psychologically safe and healthy.

 

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British Columbia Court of Appeal concludes employee’s conduct in workplace interpersonal conflict justified just cause for termination

Workplace personality conflicts are becoming all too common in the Canadian workplace given the heightened sensitivity to workplace harassment. With growing frequency, employees are raising concerns about how they are treated by senior management. However, what happens if an employee crosses the line between a legitimate concern to undermining the very essence of the employment relationship?

 

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OLRB dismisses constructive dismissal and allegation of anti-muslim bias

The Ontario Labour Relations Board (OLRB) recently cautioned individuals not to make serious allegations of religious discrimination and harassment if they don’t have the proof or the evidence to back up the allegations. In The Brick Warehouse LP v. Awan (2012) CanLii 63787, the OLRB varied an Order to Pay issued by an Employment Standards Officer under the Employment Standards Act, for termination amounts owing.

 

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Report on the Ontario human rights review revisited: Concerns it may raise for employers

Last week we posted an entry about the Attorney General’s report on the Ontario Human Rights Review. Today’s post will revisit the report, attending to the concerns it may raise for employers.

 

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Workplace policies to avoid the holiday party hangover

With the holiday season fast approaching, employers are consistently reminded of the additional risks and liabilities which may result from an employer-sponsored holiday event. Nevertheless, holiday parties and events are often considered to be an essential “benefit” expected by employees.

 

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Yet another reason for employers to avoid ‘locker-room mentality’ at work

Just in case employers needed yet another reason to be careful to ensure that employees in their workplaces treat one another with respect and avoid a “locker room mentality”, the Ontario Human Rights Tribunal has provided one. In Lombardi v. Walton Enterprises, (2012) HRTO 1675 the Tribunal found a corporate employer and Assistant Manager jointly and severally liable for homophobic slurs directed at an employee.

 

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OHRC releases consultation report on human rights, mental health and addictions

On Thursday, September 13, 2012, the Ontario Human Rights Commission (OHRC) released Minds That Matter: Report on the consultation on human rights, mental health and addictions, which is the result of what they heard from the consultation across the province and sets out a number of key recommendations and commitments to address human rights issues that affect people with mental health disabilities or addictions.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles in this week HRinfodesk newsletter deals with OHS reprisals, dismissal because employee issued threats, and WSIB benefits for employee assaulted at work…

 

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What is happening at the Apple Inc. factory, Foxconn, and how does it affect us?

I have read several articles in the last week regarding Apple Inc.’s manufacturing in China, through the company Foxconn. Perhaps it is time for us to take a step back and really understand what is going on here, and how this affects us in Canada.

 

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Slaw: New anti-bullying laws across Canada

Following the increased occurrence of bullying in schools among Canadian youths aged 11 to 16, and high-profile suicides of young persons due to bullying, several jurisdictions in Canada are in the process of enacting anti-bullying laws. The aim of the laws is…

 

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Is training a wise investment?

Valuable information can come from diverse sources. Consider this case I uncovered via the daily commuter newspaper: a female employee complained that a third-party service provider harassed her. The incident took place on the employer’s premises, but the alleged harasser was not employed directly by the employer. He was employed by the company that serviced the company’s office photocopiers…

 

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