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, […]
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. […]
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 […]
Cumulative Cause.2
Introduction The constitutional freedom of expression that Canadians enjoy does not extend to private workplaces. What are employee limits on speaking out against private employers? The last Employment Law column narrated the story of Ms. Kim, a media specialist in the position of Senior Communications Manager employed by the International Triathlon Union (“ITU”). Kim was […]
Cumulative Cause.1
January 4, 2017 By Peter Bowal
The workplace “was not a grade five classroom”. Kim v. International Triathlon Union Introduction The workplace is a challenging setting to manage. One must be proficient at dealing with a range of people with all kinds of personalities, backgrounds and styles. The manager in small enterprises often also serves as the Human Resources and Legal […]
