hostile work environment
August 19, 2016 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly. A prime example of employer misconduct for failing to accommodate and providing reasonable notice is the case of Strudwick v Applied Consumer & Clinical Evaluations Inc. This case highlights a number of important lessons for employers.
deaf employee, Employment Insurance, employment law, hostile work environment, human rights code, human rights violation, infliction of mental distress, punitive damages, reasonable notice, record of employment, Strudwick v Applied Consumer & Clinical Evaluations Inc., termination, workplace accommodation, wrongful dismissal damages
July 13, 2015 Employer Advisor, McCarthy Tétrault LLP Corporate Immigration, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Training and Development, Union Relations, Wages and Compensation
Human Rights Tribunal found nanny was sexually assaulted, isolated and underfed by employer.
discrimination, Domestic worker, employment contract, employment law, employment standards act, foreign worker, hostile work environment, housekeeper and caregiver, human rights obligations, human rights tribunal, minimum severance amount, nanny, requirement to pay wages, sexual harassment, wage loss
March 10, 2015 Doug MacLeod, MacLeod Law Firm Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Training and Development, Union Relations
An employee has the right to quit and claim damages for constructive dismissal if an employer’s treatment of the employee was so bad that it makes continued employment intolerable.
constructive dismissal, Disciplinary measures, employee has the right to quit and claim damages, employment law, hostile work environment, intolerable working conditions, placed on probation, poisoned workplace, repudiate the employment contract, serious wrongful behaviour, unwarranted performance concerns, unwarranted written warnings
March 10, 2014 Alison J. Bird Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation
Often constructive dismissal cases involving a change in duties arise from an employer’s unilateral reduction in an employee’s duties. However, Damaso v PSI Peripheral Solutions Inc, is just the opposite. An employee alleged that an employer’s unilateral increase in his duties resulted in his constructive dismissal.
ability to perform duties, condonation, constructive dismissal, disability leave, Dismissal, duty to mitigate, Employer refused to give him a raise, employment law, hostile work environment, increase in duties, increase in salary, job description, job responsibilities, pay in lieu of notice of termination, salary, termination, termination letter, terminations, working notice, working notice of termination, workload
July 29, 2013 Clear Path Employer Services Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, International Payroll, Payroll, Recruiting and Hiring, Wages and Compensation
If you’ve been following sports at all this month, you’ve likely heard about the number of high profile arrests involving members of the National Football League. This string of charges leads us to the question of how much responsibility, if any, an employer has for an employee’s behaviour outside of the workplace.
aaron hernandez, anna aceto-guerin, anti-harassment policies, Ausar Walcott, Clear Path, clear path employer services, Did the company exercise reasonable care to prevent and promptly correct any harassing behaviour, discriminatiom, Due diligence, employee morale, employee’s behaviour outside of the workplace, employer responsibility, encourage responsible behaviour, having a good policy, higher standards, hiring and firing, hostile work environment, HR Law, impartial investigation, investigated the complaints, Is having a policy enough?, Joe Lefeged, law-abiding citizens, national football league, nfl, number of NFL arrests, one too many bad apples, Personal Conduct Policy, policies and programs, policies in place, recruiting process, talent or performance, terminated a supervisor as a result, The policies need to be effectively and tangibly enforced, traditional workplace environment, whether the employer effectively enforced its policies, whether the talent is worth the risk, workplace safety
October 15, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources
The British Columbia Supreme Court recently expressed disapproval of a claim for constructive dismissal on the basis of negative treatment where the plaintiff was an active participant in the creation of the toxic work environment.
co-workers, common law, constructive dismissal, employment contract, employment law, fundamental term of the employment relationship, hostile work environment, hostile workplace, intention to return to work, negative treatment, Notice of termination, repudiation of the employment contract, resignation, resigned from position, terminations, wrongful dismissal
August 5, 2011 Christina Catenacci Employee Relations, Human Resources, Human Rights
What prompts a supervisor or worker to send a co-worker inappropriate text messages? In British Columbia, sexually charged messages in the workplace have led to trouble for employers. What do employers need to know so they can avoid being on the hook for sexual harassment?
anti-discrimination policy, anti-harassment policy, British Columbia, employment law, hostile work environment, human rights tribunal, policies and procedures, policy, sexting, sexual harassment, sexual text messages, terms and conditions of employment, text message, training, workplace free of harassment
July 13, 2011 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, Human Resources, Human Rights
Aggression sometimes occurs in the workplace. That is a fact! And when conflicts are left unresolved, employers have employees resigning or taking tremendous amounts of sick leave to deal with these issues, or the aggression crosses the line into assault or battery, or you receive a human rights or occupational health and safety complaint.
aggression, bullying, discrimination, employment law, gender, harassment, harassment free workplace, hostile work environment, Human rights complaint, occupational health and safety complaint, policy and procedures, racial, religious or sexually charged discrimination, training, workplace
May 2, 2011 Yosie Saint-Cyr, LL.B. Managing Editor Announcements and Administration
It’s a pleasure to welcome John Proctor and Nicole Legault as regular guest bloggers for First Reference Talks. They will be blogging on several topics, including how to protect the health and safety of employees in dangerous situations and working overseas, how to assess hostile situations and workplace environments…
employees working overseas, guest bloggers, hostile situations, hostile work environment, human risk, iHR Solutions, Integrated Human Risk Solutions, John Proctor, national health and safety organization, Nicole Legault, occupational health and safety, travel risk management
January 19, 2011 Yosie Saint-Cyr, LL.B. Managing Editor Human Resources, Human Rights
Can an employer fire a white employee for using the n-word if it lets black employees say it?
condoning social norm, discipline, discriminated against because of race, discrimination, double standard, employment law, hostile work environment, mixed-motive analysis, racial discrimination, racially offensive, racism, retaliation, terminations, victim of racial discrimination, workplace
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
First up a strong employer safety program is something that has no oversight or cross reference with workers to confirm it can be a complete... – Oct 28, 7:06 PM
