Introduction It is said that everyone has their own #MeToo story. Indeed that is exactly the message #MeToo seeks to communicate. I start this column with a story that comes to my mind in this context. This then leads to the main point of this piece: #MeToo makes for captivating human interest … [Read more...]
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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
Cumulative Cause.1
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 … [Read more...]
Legal Remedies at Human Rights Commissions
Introduction Canada has one federal and separate provincial and territorial Human Rights Commissions established and governed by their respective enabling legislation. These human rights commissions exist to protect human rights, prevent discrimination, foster equality and resolve complaints. The … [Read more...]
Constructive Dismissal Still Under Construction
“constructive dismissal can [occur when]… a series of acts that, taken together, show that the employer intended to no longer be bound by the contract.” - Potter v. New Brunswick Legal Aid Services Commission [2015] 1 SCR 500 http://canlii.ca/t/ggkhh Introduction Constructive dismissal … [Read more...]
