Please select a category below to read our in-depth articles, find out about upcoming speaking events, learn from one of our webinars, hear what’s new at our office, or see our recent media appearances.
New Article:
Dismissing an employee can be expensive. However, some employers add to the cost by being overly litigious. We recently argued, and won, a case at the Ontario Court of Appeal that could have been resolved at mediation. Learn more about the case and pitfalls to avoid.
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When it comes to challenging an employee’s mitigation efforts, the Ontario Court of Appeal clarifies that employers bear the evidentiary burden. Read the decision
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When faced with a harassment complaint or the need to investigate misconduct, we often turn to our workplace policies to determine whether the alleged misconduct triggers an investigation. Th applicable Policy usually sets out the obligation for employees to treat others with dignity and respect, and usually includes the steps to file a complaint if […]
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When faced with a harassment complaint or the need to investigate misconduct, we often turn to our workplace policies to determine whether the alleged misconduct triggers an investigation. Th applicable Policy usually sets out the obligation for employees to treat others with dignity and respect, and usually includes the steps to file a complaint if […]
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The Ontario Court of Appeal found an employer had just cause to terminate an employee for sexual harassment given his refusal to acknowledge his behaviour and take corrective action. In Huckso v. A.O. Smith Enterprises Limited a 20 year employee (the “Respondent” in the investigation) made a number of suggestive remarks to a female colleague […]
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How would your organization respond to a complaint of sexual assault? In 2010, just before the Stanley Cup Final, the Chicago Blackhawks received a complaint of sexual assault by a player against the team’s video coach. According to the investigation report, the leadership team met to discuss the complaint and decided it was not something […]
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The decision in Magna International Inc., [2019] O.L.R.D. No. 3687, demonstrates the complications that can arise when workplace investigations are not conducted by a neutral investigator or third-party. In Magna, an employee made a workplace harassment complaint against a colleague that included allegations of hostile behaviour. Magna’s Human Resources Manager investigated the complaint in accordance […]
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Bill C-65 introduced changes to the Canada Labour Code requiring employers to prevent harassment and violence in the workplace. This article provides a summary of the key requirements for your organization. For more detail, please join us for a webinar on November 4, 2021 to discuss these obligations in more detail. You can click here […]
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On May 29, 2020, the Ontario government enacted a new regulation under the Employment Standards Act, 2000 (“ESA”) that significantly alters the rules around temporary lay-offs for the duration of the COVID-19 state of emergency. O. Reg. 228/20: Infectious Disease Emergency Leave, protects employers by deeming employees who have been laid off during the Covid-19 […]
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As governments in North America look to reopen their economies, the big question for society is “are we safe?” Can everyone return to public transit, crowded elevators and workplaces safely? One strategy to ensure a safe workplace is through the use of aggressive testing and technology. With respect to technology, countries such as Taiwan and […]
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