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workplace incident

By McCarthy Tétrault LLP | 2 Minutes Read August 6, 2013

Facebook posting about co-worker = workplace harassment

In a recent case the Ontario Human Rights Tribunal found that a facebook posting about a co-worker’s Mexican heritage was prohibited workplace harassment under the Human Rights Code .

Article by McCarthy Tétrault LLP / Employee Relations, Health and Safety, Human Rights / ancestry, Citizenship, comments were unwelcome, discipline, discrimination, facebook, harassment, human rights code, human rights training, Ministry of Labour, occupational health and safety act, online, online postings, online workplace harassment, Ontario Human Rights Tribunal, place of origin, postings on the Internet, prohibited ground of discrimination, race, social media, social media policy, vexatious, workplace harassment, workplace incident

By McCarthy Tétrault LLP | 4 Minutes Read July 2, 2013

Employer’s random alcohol testing policy constitutes unreasonable invasion of employees’ rights to privacy

Rule of lawAn employee’s right to ensure workplace safety versus an employee’s right to privacy – these competing rights have been present in the workplace for many years. On one hand, employers must be able to adopt policies to protect their workforce and abide by statutory health and safety obligations. On the other hand, employees expect that they will not be subject to intrusive policies that unreasonably infringe on their privacy expectations.

Article by McCarthy Tétrault LLP / Employee Relations, Health and Safety, Human Rights, Privacy, Union Relations / alcohol use, canadian employment law, collective agreement, dangerous nature of the workplace, drug and alcohol testing policy, employees’ rights to privacy, Employer’s random alcohol testing policy, employer’s unilateral rule-making authority, employment law, health and safety obligations, invasion of privacy, management’s right to implement policies impacting the workforce, policies and procedures, random alcohol testing component, random alcohol testing was unreasonable, reasonableness standard of review, Return to work, safety concerns, substance abuse, workplace incident, workplace safety

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