harassment

Constructive dismissal update: Employee claiming damages for workplace harassment barred from commencing court action

March 10, 2020 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

If this case is upheld on appeal, this decision suggests that if an employee quits because of workplace harassment, then the employee will not be able to bring a constructive dismissal in the courts in some cases.

abuse in the workplace, bullying in the workplace, chronic mental stress, employment law, harassment, mental stress, workplace harassment, Workplace Safety and Insurance Act, WSIA

Bullying in the workplace

January 24, 2020 Beyond Rewards Inc Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development, 0

Bullying is usually seen as acts or verbal comments that could “mentally” hurt or isolate a person in the workplace. Sometimes, bullying can involve negative physical contact as well. Bullying usually involves repeated incidents or a pattern of behaviour that is intended to intimidate a particular person or group of people.

bullying, bullying in the workplace, employment law, harassment, workplace violence

Notable cases of 2019

January 8, 2020 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, 0

As we shut the door on 2019 and begin 2020, we at SpringLaw thought this was a good time to look back on some of the biggest 2019 employment law cases in Ontario! Here is our list of the top 5 cases of 2019 and their key take-aways for employers and employees alike.

employment law, forced retirement, harassment, infliction of mental distress, notice period, resignation, retirement, terminated without cause

How an external investigation actually saved money for an employer

November 6, 2019 Rubin Thomlinson LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, 0

A recent Human Rights Tribunal decision demonstrates that the short-term financial costs of an external investigation might also be balanced out by long-term financial savings.

discrimination, employment law, harassment, human rights, human rights damages, Workplace Assessments, Workplace discrimination, workplace investigations

Looking in the mirror: Harassment in legal workplaces

July 12, 2019 Rubin Thomlinson LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development, 0

Whether advocating for a client before the Human Rights Tribunal, drafting a Respect at Work Policy or assisting a client with engaging a workplace investigator, many lawyers are familiar with providing advice about harassment at work, but how many of us have thought about harassment in our own workplaces?

bullying, discrimination, employment law, harassment, harassment and bullying, racial discrimination

Three popular articles this week on HRinfodesk

April 18, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, Human Resources, Payroll, Source Deductions and Reporting, 0

The three popular articles this week on HRinfodesk deal with the 2019 Federal Budget and the tax changes of interest to employers and employees, the elimination of MSP premiums in BC and a look at a case recently in front of the Ontario Court of Appeal regarding the tort of harassment.

2019 Federal Budget, harassment, Medical Services Plan

Harassers, empty your pockets and pay up! Including personal financial accountability for harassment in employment contracts – key considerations

March 12, 2019 Piccolo Heath LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Recruiting and Hiring

In January, Variety reported about the new position of John Lasseter, the former Pixar head of animation who was the subject of a workplace harassment complaints from Pixar staffers.

employment contract, employment law, harassment, harassment in the workplace, recruiting and hiring, sexual harassment, termination for just cause

Never too late: Court rejects employee’s attempt to avoid liability for theft

December 19, 2018 Stringer LLP Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines

The case discussed in this article is both an encouraging sign for employers who are victims of employee theft, as well as a warning.

bullying, embezzlement, employment law, harassment, Limitations Act, separation agreement, theft

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

December 3, 2018 Christina Catenacci Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

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.

domestic violence leave, employment law, harassment, job-protected leaves, leave of absence, violence

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

November 26, 2018 Sean Bawden Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

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.”

employment law, harassment, sexual assault, sexual harassment, sexual harassment in the workplace

30 tips for a reasonable workplace investigation

November 23, 2018 Jeff Dutton, Dutton Employment Law Employee Relations, Health and Safety, Human Resources, Human Rights

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.

employment law, harassment, sexual harassment, violence at work, violence in the workplace, workplace investigation

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

August 14, 2018 Devan Marr Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development

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.

employee training, harassment, just cause dismissal, Just cause termination, sexual harassment, termination, workplace policies

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

August 2, 2018 Ava Z Moradi, JD Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

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

employment law, harassment, sexual harassment, third-party investigator, workplace harassment

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

July 3, 2018 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development

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.

Alberta Human Rights Act, Alberta OHS, harassment, hazard assessment, Health and safety inspection, Health and safety policies, health and safety representative, HSR, investigating incidents, joint work site health and safety committee, JWSHSC, occupational health and safety, occupational health and safety act, Occupational Health and Safety Code, Occupational Health and Safety Regulation, OHSA, reporting incidents, violence, violence and harassment, violence and harassment prevention plan, violence and harassment prevention training, violence hazard assessment, violence prevention plan, violence prevention procedure, Workplace inspection

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

April 25, 2018 Rubin Thomlinson LLP Human Resources, Human Rights, Penalties and Fines

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.

chronic mental stress, employment law, harassment, mental stress, prohibited grounds of discrimination, stress-related illness, workplace harassment, workplace harassment policy