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Proposed domestic violence leave of absence in Newfoundland and Labrador would take effect January 1, 2019

domestic-violence

Several provinces have created or are beginning to add a statutory domestic violence leave of absence to their employment standards legislation, including Ontario, Saskatchewan, Manitoba, Prince Edward Island, Nova Scotia and New Brunswick. In Newfoundland and Labrador Bill 32 amends the Labour Standards Act to establish such a leave.

 

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No right to sue employer for sexual assault by co-worker: WSIAT

Can an employee sue her employer if she is the victim of sexual assault at work by a co-worker? The Ontario Workplace Safety and Insurance Appeals Tribunal says no once again, “not if the employee is entitled to WSIB benefits.”

 

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30 tips for a reasonable workplace investigation

In Canada, a requirement to conduct a workplace investigation is triggered in case of harassment, sexual harassment or violence. What then is required of such a workplace investigation? In short, a “reasonable” investigation is required.

 

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Just Cause – Workplace policies remain an important consideration in judicial decision making

Several factors worked against the employer in this case of just cause termination, but most significantly was the lack of robust written policies and procedures on discipline and proper employee training on harassment.

 

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Q&A: Who may be hired as a third party investigator to deal with workplace harassment complaints?

Is there any legislation that dictates who may or may not be hired as a third party investigator?

 

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Recent amendments to Alberta’s Occupational Health and Safety Code bring big changes to Alberta workplaces

This blog provides a summary of some of the key changes to the Alberta’s Occupational Health and Safety Code relating to joint work site health and safety committees, health and safety representatives, harassment and violence.

 

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Workplace investigation alert: BC case shows how employers should NOT handle workplace harassment

A recent case from British Columbia, Wells v. Langley Senior Resources Society, is a useful example of how an employer should not handle workplace harassment.

 

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The Supreme Court of Canada interprets workplace discrimination broadly

In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, the Supreme Court of Canada considered the scope of section 13(1) of BC’s Human Rights Code, which concerns discrimination “regarding employment or any term or condition of employment.”

 

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Supreme Court of Canada confirms that all workplace harassment is protected – even by third parties

In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, the Supreme Court of Canada confirmed that human rights legislation is to be interpreted broadly and purposively and specifically found that the protection against workplace harassment is not limited to conduct perpetrated by an individual’s employer or co-worker. This decision will have significant implications for employers and employees alike.

 

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Employee’s secret recording of meetings with management contributes to finding of just cause for dismissal

A recent decision from the Manitoba Court of Queen’s Bench supports that an employee’s use of his work phone to secretly record meetings with management may support an employer’s decision to terminate for just cause.

 

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Update on genetic discrimination provisions in human rights legislation

Canada is on its way to including genetic discrimination provisions in its human rights legislation. Since March 2017, some interesting developments have occurred.

 

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The #metoo moment

The sudden fall from grace of film producer Harvey Weinstein, over sexual harassment allegations, has proven to be the first rock in a landslide; in the weeks since, women everywhere have begun to voice complaints about past and ongoing instances of unwelcome sexual attention.

 

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The Wall: Tearing down a poisoned work environment

Although a similar CSI-style wall is unlikely to be recreated in a typical workplace, other examples of pervasive, non-specific harassment may arise. It is incumbent upon leaders at all levels in an organization not just to recognize harassment and potentially, a poisoned work environment, but to take steps to remedy the issues.

 

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Workplace politics of politics in the workplace

workplace partisan political arguments

I drove past a house flying a confederate flag last week and asked myself, “Could I live beside that person?” You can’t do anything about the politics of your neighbour, although you don’t have to invite him or her to your backyard BBQ. The workplace, however is another story. How does an employer deal with an employee’s unpopular politics?

 

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What you don’t know can hurt you: A new wave of WSIB claims for chronic mental stress

On May 17, 2017, Bill 127 (Stronger, Healthier Ontario Act) received Royal Assent. The Bill modified the Workplace Safety and Insurance Act to allow WSIB benefits for workers who suffer from chronic mental stress in the course of their employment.

 

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