Harassment as a New Workplace Safety Issue

Introduction Since harassment is the biggest trending topic related to the workplace, it seems opportune to highlight the harassment provisions in the new Alberta occupational health and safety (“OHS”) legislation, which is known as Bill 30: An Act To Protect The Health And Well-Being Of Working Albertans. Harassment and violence bear some unusual characteristics as […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Thomas D. Brierton
Thomas D. Brierton is an Associate Professor at the Eberhardt School of Business at the University of the Pacific in Stockton, California.
 

Bad Behaviour 2.0: Part 2 – Employees Getting Away With . . .

Introduction We looked through the judicial and arbitral decisions and found ten more random instances of appalling employee behaviour that Canadian courts and arbitrators excused. The first five cases can be found in Part 1 of this article. In these cases, the employer fired the employee, but the court or arbitrator found no legal basis […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Lindsay Thorburn
Lindsay Thorburn is an MBA student at the Haskayne School of Business.
 

Bad Behaviour 2.0, Part 1: Employees Getting Away With . . .

We scoured the judicial and arbitral decisions and found ten more random instances of egregious employee behaviour that Canadian courts and arbitrators excused. Since the judge or arbitrator found that the employers had no legal basis to find these employees, employers were hit with damages for wrongful dismissal and court costs.  The employer was successful, […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Lindsay Thorburn
Lindsay Thorburn is an MBA student at the Haskayne School of Business.
 

No Time Limitations on Sexual Harassment Lawsuits

Introduction Many readers will recall the recent Bill Cosby trial for sexual assault.  The crime was allegedly committed in 2004, the criminal charge was laid on December 30, 2015 and the trial occurred in June 2017.  It ended in a mistrial because the jury did not return a unanimous verdict.  The prosecutor promises another trial. […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Devon Slavin
Devon Slavin is a fourth year student at the Haskayne School of Business, University of Calgary.
 

Minimum Notice Limitations are Enforceable

Introduction In Canada, employment is a legal contract.  The collective agreement in unionized workplaces represents the ultimate comprehensive contract between employer and employer.  It sets out the rights and obligations between the parties, including how employment-related disputes are to be resolved. The concept of a contract makes intuitive sense because both employer and employee voluntarily […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

John Jamieson
John Jamieson is a student at the Haskayne School of Business, University of Calgary.
 


A Publication of CPLEA