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Off the Clock, On the Radar: Managing Off-Duty Conduct and Workplace Impact
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Blowing the Whistle: What Employers Should Know About DEI & the False Claims Act
(Podcast) California Employment News: Creating the Report for a Workplace Investigation – Part 4 (Featured)
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California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability
The Alberta Human Rights Commission (the Commission) recently published its annual report, highlighting trends in human rights complaints for the fiscal year April 1, 2023—March 31, 2024....more
In Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 86, the Court of Appeal for Ontario (OCA) upheld the dismissal of a defamation action under s. 137.1 of Ontario’s Courts of Justice Act (CJA). The decision provides guidance...more
In McCharles v Jaco Line Contractors Ltd., 2022 AHRC 115, an employee alleged that her employer discriminated against her on the basis of gender contrary to the Alberta Human Rights Act (AHRA) when it terminated her...more
Employee filed action against company vice president for sexual harassment and sexual assault, and against company for vicarious liability for the sexual harassment. Court confirmed that sexual harassment is not an...more
The Ontario Superior Court of Justice recently released a decision, Incognito v. Skyservice Business Aviation Inc., 2022 ONSC 1795 (“Skyservice”), in which it struck out a Plaintiff’s claim for vicarious liability against her...more
In A.B. v. C.D., 2022 HRTO 890, the Human Rights Tribunal of Ontario (HRTO) found that the applicant was a victim of discrimination on the basis of sex and that her work environment was poisoned by repeated acts of...more
Mark Render, un gestionnaire avec 30 ans de service, a été congédié par son employeur pour motif sérieux après avoir donné une gifle sur les fesses d’une collègue (la « plaignante ») dans leur lieu de travail. M. Render a...more
Mark Render (Render), a manager with 30 years of service, was dismissed by his employer for just cause after slapping the buttocks of a female colleague (Complainant) at the workplace. Render’s wrongful dismissal action...more
British Columbia: Eligible Workers Entitled to Five Days of Paid Sick Leave Beginning January 1, 2022 - New Legislation Enacted - British Columbia announced that beginning January 1, 2022, workers covered by the...more
In Hucsko v. A.O. Smith Enterprises Limited, 2021 ONCA 728 (A.O. Smith), a long-term senior employee’s co-worker alleged that the employee sexually harassed her. After a workplace investigation that determined the co-worker’s...more
In De Facendis v. Toronto Parking Authority, the Ontario Superior Court of Justice held that when a claim for workplace sexual harassment and workplace sexual assault “arises under the collective agreement,” a labour...more
On January 1, 2021, Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1 (Bill C-65) and the Work...more
In NK v. Botuik, 2020 HRTO 345, the Human Rights Tribunal of Ontario (HRTO) made a $170,000 damage award to a vulnerable employee who, after being sexually harassed by her direct supervisor, engaged in unwelcome sexual...more
Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more
Canada saw significant developments in labour and employment law in 2019. As we embark on a new decade, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve....more
In Canada, employers that host holiday parties for their employees could expose themselves to significant common law liability for the actions of an employee or guest who is under the influence of alcohol or cannabis....more
Two years after the #MeToo Movement made the prevalence of sexual harassment and sexual assault in the workplace known worldwide, the Alberta Court of Appeal in Calgary (City) v. Canadian Union of Public Employees Local 37,...more
Quebec has long been considered the California of the East and a pioneer in adopting some of the most far-reaching obligations with respect to harassment in the workplace in its widest form, as well recourses and remediation...more
A recent decision of the Court of Appeal of Ontario, Colistro v. Tbaytel, 2019 ONCA 197, puts employers in Ontario on notice that if they re-hire an employee who has a history of victimizing a current employee by sexual...more
Troublesome employees can disrupt a workplace and subject employers to reputational and economic costs. A panel from Bennett Jones’ Employment Services group recently shared their views on four contemporary issues employers...more
The statistics are alarming—a 2017 federal survey found that 60 percent of women report having experienced harassment in the workplace and 41 percent stated that there was no attempt to resolve a reported incident. Further,...more
The overwhelming number of reports of #metoo cases, including several high-profile and public accusations of sexual harassment and assault in the workplace across industries in Canada, is causing many employers to take stock...more
Sexual harassment in the workplace continues to be a top legal risk for employers, especially in the context of the #metoo movement. Employers have a duty to investigate and promptly deal with allegations of harassment in the...more
In recent years, a number of high-profile cases involving sexual violence and sexual harassment have grabbed the headlines and the public’s attention in Canada. The troubling case of Jian Ghomeshi—and the subsequent...more