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harassment

Protecting employees from third-party harassment

Even if an employer is not fully successful at the end of the day, the moral boost to workers of knowing that their employer is willing to go to bat to stop harassment in its tracks cannot be overstated.

 

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Talking damages: Put your money where your mouth is

When it comes to human rights cases, awards for general damages are often less than $10,000, even though the $10,000 cap on general damages was removed almost a decade ago.

 

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Bad facts make bad law (for employers): Court recognizes new tort of harassment #learnthelatest

The Ontario Superior Court recently recognized a new tort that would allow employees to sue their employers for harassment in civil court. To find out more about how the new tort of harassment in the employment law context, register to Learn the Latest® at the Ontario Employment Law Conference on June 20, 2017.

 

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Is it work-related? Novel workers’ compensation decisions deal with harassment and assault #learnthelatest

It may seem fairly obvious when a worker breaks her leg “in the course of employment”. However, injuries and illnesses related to bullying and harassment have drawn significant attention in recent years, and decisions from various workers’ compensation tribunals across the country illustrate that determining the work-relatedness of such injuries is no simple task.

 

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Workplace health and safety law and partisan political arguments

workplace partisan political arguments

In March, a discussion was posted with respect to how workplace political expression could go awry with human rights law. The article also provided some best practices on how human resources professionals and employers can appropriately address human rights complaints specifically on the basis of political belief, activity or association. This following discussion, “Part 2”, addresses how workplace political expression could also contravene harassment provisions under occupational health and safety legislation.

 

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Workplace instant messaging: Information overload

We all know that social media, electronic communications and the online world has changed how we interact socially. Who has the patience to leave a voice message for a friend about a restaurant meeting place, let alone listen to one? That’s what instant messaging is for. Short, efficient and no small talk. But, does this efficient communication work in the workplace?

 

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Tort of harassment: Employer ordered to pay employee $100,000

This blog discusses a case where a trial judge awarded an employee $100,000 general damages because the employer committed, among other things, the tort of harassment.

 

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New Brunswick’s Human Rights Act: Amendments proposed

On March 15, 2017, Bill 51, An Act to Amend the Human Rights Act, received first reading in the New Brunswick legislature, and second reading the next day. The goal of the changes is to modernize the legislation and increase its efficiency. Indeed, this has been the first extensive review of the legislation in 25 years. These changes come on the 50th anniversary of the Human Rights Act. The ultimate goal of the review was to evolve with society and ensure that values are protected. Bill 51 aims to do just this.

 

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Protecting employees from social media harassment

It is well known that employees have certain legal obligations to their employer with respect to the content of their social media profiles. An arbitrator recently confirmed that employers also need to be careful about the content of their social media pages as it relates to their employees.

 

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Defending a lawsuit is not the new black, or: If you stick your head in the sand for six years, the most likely outcome is suffocation

You have probably heard about the recent allegations of sexual assault against a WestJet pilot, and how WestJet failed to properly handle the allegation. Here is a quick summary: a former WestJet flight attendant, Mandalena Lewis, has filed a claim in the B.C. Supreme Court alleging that, after she reported that she was sexually assaulted on a layover in Hawaii in 2010, WestJet did not properly investigate the allegation. In fact, they chose to protect the pilot and eventually fired her for pursuing the matter.

 

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Ontario Human Rights Commission released updated policy on “preventing discrimination based on Creed”

This past December the Ontario Human Rights Commission released a new and comprehensive 173 page Updated Policy on Preventing Discrimination based on Creed to replace its earlier Policy that was first published in 1996. The Commission stated that given the significant demographic changes in Ontario, it has been working on a new policy since 2012. The aim of the policy is to highlight how discrimination on the basis of Creed can be avoided in broader Ontario society which is increasingly more diverse.

 

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Ontario Human Rights Commission’s policy position on gender-specific dress codes

Can you think of a store, restaurant, or bar that appears to require women to wear low-cut tops, short skirts, tight dresses, or high heels when they go to work? Well, it might be wise for those employers to take another look at their dress code policy in light of the Ontario Human Rights Commission position on gender-specific dress code announced on International Women’s Day 2016 and the passing into law of occupational health and safety provisions protecting against workplace sexual harassment and violence. Under Bill 132, the OHSA’s definition of “workplace harassment” will be expanded to include “workplace sexual harassment.”

 

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Tribunal orders pharmacy to pay $8,000 as a result of racial profiling

Under section 46.3 (1) of Ontario’s Human Rights Code, an employer may be vicariously liable for the discriminatory acts of their employees. Such was the case in the recent Human Rights Tribunal decision.

 

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The Human Rights Code and Res Judicata: G.G. v. […] Ontario Limited

Generally speaking, res judicata (Latin for “a thing adjudicated”) is the legal doctrine which prevents the same matter from being tried a second time once there has been a verdict or decision in regard to that matter. Under Ontario’s Human Rights Code, a criminal matter being decided in regard to a matter that contains a breach of the Human Rights Code does not necessarily prevent an applicant from filing at the Human Rights Tribunal of Ontario. This was the case in G.G. v. […] Ontario Limited.

 

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Poisoned work environment, discrimination, and undue hardship under the “Code”

A recent Ontario Human Rights case further underscores the employer’s ongoing duty to accommodate to the point of undue hardship, and that Code based harassment or discrimination constitutes a breach under the Human Rights Code of Ontario.

 

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