investigation
April 2, 2020 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights,
Somewhere between going on an ill-advised “fishing expedition” and commencing a clearly defined investigation of a formal complaint, lies a grey area rife with uncertain legal obligations and sticky situations.
discrimination, employment law, investigation, misconduct, violence and harassment
July 3, 2015 Rudner Law, Employment / HR Law & Mediation Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Training and Development, Union Relations
In recent years, there has been a dramatic increase in the role of investigations within HR and employment law. It is well-established that employers have a duty to investigate allegations of misconduct prior to taking disciplinary action. There is also a duty to investigate allegations of harassment or discrimination. There has been much emphasis on the manner of investigating such matters, and the need to be fair and impartial while also acting expeditiously. In the HR Law for HR Professionals course that I created for Osgoode Professional Development several years ago, investigations used to be a small part of one module. They now fill an entire day of the five day course. That is a clear indication of their growing importance.
allegations of misconduct, complaint mechanism and training, disciplinary action, duty to investigate allegations of harassment or discrimination, employers have a duty to investigate, employment law, healthy work environment, Human Rights Tribunal of Ontario, investigation, Resolution of the Complaint, workplace investigations
October 31, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, Human Resources
Amendments to Part II of the Canada Labour Code (Code) are set to take effect as of October 31, 2014. These changes include redefining “danger”‘ under the Code for the purposes of work refusals and putting in place a new system for enforcing Part II. These changes will have an impact on federally regulated employers.
Canada labour Code, Economic Action Plan 2013 Act, employment law, federally regulated employers, health and safety issues, internal responsibility system, investigation, No. 2, occupational health and safety issues, redefining "danger"', right to refuse dangerous work, situations where an employee is faced with an imminent or serious threat to their life or health, work refusals
September 25, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Union Relations, Wages and Compensation
Three popular articles this week on HRinfodesk deal with police record checks; entitlement to bonus payment on termination; and determining an appropriate notice period.
bonus payments on termination, Canada’s privacy commissioner, Canadian Civil Liberties Association, employment law, hasty terminatio, HRinfodesk, investigation, Newsletter, notice period for a terminated employee, police record checks, reasonable notice, terminations
December 6, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll
The law of employment, like every area, is always evolving. This often works to the consternation of both employers and employees, who would like to have a sense of certainty regarding their rights and obligations. While it may sound self-serving, the ongoing evolution of the law is another reason why it is important to work with an employment lawyer on a regular basis, rather than consult once and assume that the law is the same a decade later. The cases below also serve as reminders of the unpredictability of the law.
2000, absence of a contractual agreement, allegations of misconduct, amount of notice or pay in lieu, an employer is entitled to dismiss an employee at any time, canadian employment law, common law right to temporarily lay an employee off, constructive dismissal, dismissing an employee without cause, employment law, employment standards act, investigation, law of employment, misconduct, Rudner MacDonald LLP, Stuart E. Rudner, temporary layoff, temporary layoffs, termination, terminations
July 31, 2013 David Hyde Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Union Relations
A recent investigation and ruling by Human Resources and Skills Development Canada (“HRSDC”) has found that OC Transpo, the public transit operator in Canada’s capital city, is not doing enough to protect its bus drivers from workplace violence as required under the CLC.
Amalgamated Transit Union, Canada labour Code, Canada's national transportation system, criminal code, criminal penalties, employee exposed to workplace violence, employment law, federally regulated, growing number of bus driver assaults, Human Resources and Skills Development Canada, installing cameras on buses, investigation, Is driving a bus unsafe, Labour Law, Labour Relations Act, OC Transpo transit system, OH&S, protecting bus drivers from violence, risk factors for violence, risk of violence, safety of bus drivers, sexual assaults, surveillance cameras, Toronto Transit Commission Labour Disputes Resolution Act, video surveillance, violence, Violence against bus drivers in Canada, violence prevention measures, workplace violence, workplace violence prevention policy
June 25, 2013 Earl Altman Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources
It is assumed by most H.R. professionals that employees are entitled to procedural fairness and, in particular, to be advised as to the reasons for dismissal from employment. In fact, there is no such right in private companies. Employees in private companies (i.e. non-governmental entities) have no common law right of procedural fairness in the manner of their termination, whether the termination is for cause or not. Similarly, employees have no legal right to an opportunity to respond to the alleged reasons for dismissal.
after acquired cause, common law, discipline, Employee dishonesty, employee loyalty, employment law, employment relationship, give the employee a reasonable opportunity to improve his performance, H.R. professionals, implications of poor performance, investigation, performance issues, procedural fairness in the manner of their termination, reasons for dismissal, right to procedural fairness, serious misconduct, termination, terminations, warnings
February 24, 2012 Christina Catenacci Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights
I have read several articles in the last week regarding Apple Inc.’s manufacturing in China, through the company Foxconn. Perhaps it is time for us to take a step back and really understand what is going on here, and how this affects us in Canada.
Apple, audit, better working conditions, China, discrimination, employment law, excessive hours of work, Fair Labour Association, forced labour, Foxconn, globalization, harassment, illegal compensation, investigation, Labour Law, n-hexane, supply chain, training, workers poisoned, working conditions in the factory, workplace code of conduct
March 3, 2011 Rudner Law, Employment / HR Law & Mediation Health and Safety, Human Resources, Human Rights
By now, most of us have heard about a controversial decision of the Manitoba Court of Queen’s Bench in which Justice Robert Dewar sentenced a man found guilty of sexual assault to a two year conditional sentence, allowing him to remain free in the community and avoid any jail time.
alleged sexual harassment, behaviour, consensual sexual relationship, damages for injury to dignity, email, employee had harassed a co-worker, employment law, extenuating circumstances, facebook, feelings and self-respect, harassment, harassment by texting, harassment complaints, harassment investigations, inappropriate text messages, investigation, invitations to harass, inviting circumstances, misconduct, policies, procedures, sexist, sexting, sexual assault, sexual harassment, sexual relationships in the workplace, social media, workplace harassment
February 25, 2011 Christina Catenacci Health and Safety, Human Resources
The Ontario Ministry of Labour recently emailed their latest Court Bulletin indicating that a company that makes plastic auto parts received a hefty fine of $50,000 for violating the Occupational Health and Safety Act after a worker was injured.
Court Bulletin, employment law, health and safety policy, Health and safety violations, hefty fine, injured workers, investigation, lift-truck operator, Ministry of Labour, OHSA, ontario, Policy and procedure, Provincial Offences Act, vicitm fine surcharge, workplace hazards
December 10, 2010 Christina Catenacci Human Resources, Privacy and Security
I recently read an investigation report from the Alberta Office of the Information and Privacy Commissioner, where an employer made a big mistake and ended up violating the privacy of at least 25 employees.
Alberta, Alberta Office of the Information and Privacy Commissioner, canadian employment law, credit check, credit report, credit reporting, Employee privacy, employment law, Equifax Canada, Freedom of Information and Protection of Privacy Act, investigation, Privacy Commissioner, privacy policy, procedures, unauthorized collection, unauthorized credit checks on employees, unauthorized use, violating the privacy of employees, violation of privacy
August 20, 2010 Christina Catenacci Health and Safety, Human Resources
The Ministry of Labour just laid charges carrying fines of up to $17,000,000 against two companies that ran and supplied a platform that collapsed last year. There were also charges against executives and supervisors that could carry fines and time in jail.
accident, criminal code, employment law, fines, Foreign workers, health and safety, hearings, investigation, jail, migrant worker, occupational health and safety act, OHS penalties, ontario, Ontario Ministry of Labour, platform, scaffold, Scaffolding accident, Slips and falls, workplace hazards, workplace health and safety
July 13, 2010 Andrew Lawson Health and Safety, Human Resources
As a human rights advisor and educator I was encouraged to overhear this educational conversation about harassment at Tim Hortons. I was concerned however that part of the message this group was hearing was incorrect and misleading.
harassment, harassment prevention, health and safety, health and safety training, investigate complaints of harassment, investigation, ministry inspectors, Ministry of Labour, occupational health and safety, OHSA, Ontario Ministry of Labour, Ontario Occupational Health and Safety Act, Tim Horton, training, violence, violence prevention, workplace harassment, workplace harassment prevention guide, workplace investigation
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