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dress codes

By McCarthy Tétrault LLP | 4 Minutes Read September 4, 2013

Five employment issues facing Ontario retailers

I am fortunate in my practice to work with clients in different industries, ranging from healthcare and social services to traditional manufacturing. Although employment laws generally apply to all industries in much the same way, there are usually certain issues that some industries face more than others. This is true of many clients I assist in the retail industry.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Human Rights, Payroll / appropriate notice of termination, Assistant Manager, canadian employment law, company uniform, dress codes, duties performed by staff, duty to accommodate, employment contract, employment law, employment standards act, exempt employee, exempt from overtime, HR issues, legal costs, liability, management team, managers, maternity leave, overtime, overtime pay, policies and procedures, policy manual, prohibited ground of discrimination, reassigning employees, retail industry, retailers, seasonal workers, staffing issues, Supervisors, temporary layoff, termination pay

By Alison J. Bird | 3 Minutes Read April 8, 2013

Employers should think carefully before imposing a dress code

While employers may believe that they have a broad right to regulate what employees wear in the workplace, this is not the case. The question of what requirements an employer can impose on an employee’s appearance can actually be quite complex because the imposition of dress codes create a tension between an employee’s right to look the way they want and the employer’s business interest in regulating appearances. Unless an employer can provide an objective explanation of why the dress code is necessary, arbitrators typically find in favour of employees’ interests in self-expression.

Article by Alison J. Bird / Employee Relations, Health and Safety, Human Rights, Union Relations / ban on the footwear, breach of the rule, breach of the rule could result in discharge, collective agreement, control the hazard, dress code, dress codes, employees’ apparel, employment law, enforceability of a rule related to employees’ apparel, enforceable rule, health and safety concerns, Labour Law, Occupational Health and Safety Committee, policies and procedures, policy is meant to achieve a legitimate business interest, regulate what employees wear in the workplace, requirements an employer can impose on an employee’s appearance, risk assessment to identify the hazard, self-expression, unionized context

By Christina Catenacci, BA, LLB, LLM, PhD | 5 Minutes Read March 18, 2013

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.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Employee Relations, Human Rights / age difference and generational communication issues present, communications, conduct and behaviour, dress codes, employee policies, employee's perception of the relationship that was central, Employer sexually harassed employee, employer-employee relationship, employment law, harassment, left her employment as a result of the behaviour, misconduct, no formal schedules, power imbalance, questionable emails, questionable texts and other interactions, sexual assault, sexual harassment, sexually harassed, social communication, unwelcome sexual conduct, work environment, Yukon Human Rights Board of Adjudication

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