evidence

Lack of evidence works against employer at the HRTO

September 10, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

In the matter of Puniani v. Rakesh Majithia CA Professional Corporation, after being terminated from her employment, the applicant filed a complaint with the Human Rights Tribunal of Ontario alleging discrimination based on sex. The respondents denied any such claims and alleging the reason for the applicant’s termination was related to job performance.

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Surreptitious tape recording of bargaining negotiations not admitted into evidence

September 15, 2014 Devry Smith Frank LLP Employee Relations, Human Resources, Payroll, Union Relations, Wages and Compensation

The issue in this case was whether a surreptitious tape recording of bargaining negotiations was allowed to be admitted into evidence.

bargaining negotiations, Collective Bargaining, employment law, evidence, Industrial Relations, Labour Law, labour relations, new wage schedule, record the discussions at the negotiating table, requirement to bargain in good fait, surreptitious tape recording, trade unions, union, Unions

What’s an Anton Piller order? You’d better know before you face one

March 23, 2011 Andrew Taillon Human Resources, Privacy and Security

Picture the following situation: it’s a normal workday, when suddenly, a large group of people enter your premises. Many of them are wearing uniforms of the Sheriff’s Office. They are led by a lawyer who claims he has an order from the court that allows his party to search your premises and copy and remove any documents they wish. The order from the court he presents to you appears legitimate. What do you do?

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Evidence: employer vs. employee

September 14, 2010 Andrew Lawson Human Resources

When providing evidence, your credibility is judged by how consistent your story is with common sense…

balance of probabilities, beyond a reasonable doubt, canadian employment law, court evidence, Dismissal, employee, employer, employment law, evidence, Friesen v. Fish Bay Seafood, lawsuit, proof, terminations, wrongful dismissal

Employers must create and preserve documents in case of a lawsuit

August 11, 2010 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, HRMS, Human Resources

Employers generally win employment law cases when they can provide the courts with a paper trail of evidence in support of their employment related decisions such as termination, disciplinary actions or inability to accommodate the needs of employees, among other things.

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A very expensive case of bad-faith termination and sick pay fraud

April 30, 2010 Christina Catenacci Employment/Labour Standards, Human Resources

I recently read an interesting case about sick pay fraud and bad-faith termination. After reading the employer’s version of what happened, I was pretty convinced…

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