November 14, 2021

New Article:

Sexual Harassment Without Remorse


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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October 28, 2021

New Article:

Chicago Blackhawks Cover-Up


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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October 19, 2021

New Article:

Conflict of Interest in Workplace Investigations


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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October 4, 2021

New Article:

Bill C-65 – What First Nation Organizations Need to Know


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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June 2, 2020

New Article:

Infectious Disease Emergency Leave


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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April 23, 2020

New Article:

Privacy and COVID-19: How Do We Return to Work Safely?


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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April 2, 2020

New Article:

How to Apply for Federal Assistance


The federal government has released details on how employers and individuals can access the Canada Emergency Wage Subsidy and Canada Emergency Response Benefit (CERB). The Canada Emergency Wage Subsidy program provides eligible businesses with 75% of an employee’s salary to a maximum of $847 per week.  To qualify employers must demonstrate their revenues in March 2020 […]

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March 23, 2020

New Article:

What Funding is Available?


The Ontario government has announced an emergency shutdown of all non-essential businesses.  The decision represents an escalation of steps to contain the spread of Covid-19.  Here is a list of businesses that Ontario has defined as essential. Please note, the shutdown does not prevent your employees from telecommuting or otherwise working from home, where possible. […]

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March 18, 2020

New Article:

COVID-19: What Employers Need to Know (Updated)


As countries learn more about the characteristics of the Coronavirus-2019 (COVID-19), and observe how quickly it can be transmitted, we are seeing dramatic measures taken to prevent its spread.  We summarize what we know about the virus to date, what legal obligations it creates for employers, and best practices to consider going forward. The Virus […]

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January 21, 2020

New Article:

Beware the Untrained Investigator


Workplace investigations are complex and require guidance from experienced counsel.  The recent decision in Western Forest Products Inc. and United Steelworkers 1-1937 demonstrates how quickly an investigation can fall off the tracks when the investigator lacks experience and training. In this case, two employees were investigated for alleged misconduct and disciplined at the conclusion of the […]

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