Avoiding Liability For Gender Expression & Identity Discrimination
The transgendered and gender non-conforming remain a common target for workplace discrimination, harassment and even violence, even though human rights laws are supposed to protect against discrimination on the basis […]
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The “Historic Trade-Off”: Ontario Divisional Court Considers The Interplay Between The Workers’ Compensation Scheme And Constructive Dismissal Actions Arising From Workplace Harassment
In Morningstar v. WSIAT, 2021 ONSC 5576, the Ontario Divisional Court conducted a judicial review of Decision No. 1227/19, 2019 ONWSIAT 2324 and Reconsideration Decision No. 1227/19R, 2020 ONWSIAT 1151 (the "Decisions"): two decisions of […]
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Cameras in the Workplace: From Justified Surveillance to Psychological Harassment
In a recent decision,[1] the Tribunal administratif du travail (the “Tribunal”) concluded that an employer’s excessive surveillance by means of security cameras was a violation of its employees’ right to dignity and integrity, and […]
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Workplace Diversity & Inclusion Policy
All companies must have clearly written anti-discrimination and harassment policies to ensure compliance with human rights and OHS laws. While there’s some overlap, diversity and inclusion policies are different from […]
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How to Create a Workplace Diversity & Inclusion Policy
Diversity in employment goes far beyond not committing discrimination. The world is made up of people of diverse races, ethnicities, religious values, personal beliefs, cultures, languages, etc. Today, increasing numbers of […]
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Gender Identity Non-Discrimination Best Practices
Employers must recognize the gender employees live not the gender they were born to. People who are transgender, or gender non-conforming, remain a common target for workplace discrimination, harassment and even […]
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Gender Identity & Expression Policy
Gender expression and identity discrimination tends to be a blind spot in organizational efforts to comply with human rights laws. While general anti-discrimination policies mention these traits, they rarely address […]
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Canadian Workforce Diversity, Equity & Inclusion
When we talk about diversity we often reference several aspect of diversity. Diversity as defined by Employment Equity refers to 4 groups: Women, Visible minorities, Indigenous people, People with a […]
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When It Comes to Workplace Relationships, The Cover-Up Does More Harm Than The Hook Up
For workers, the biggest source of peril may not be the relationship itself, but the act of concealing it. Despite the rising awareness and fear of the damage sexual harassment allegations […]
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More New Requirements On The Horizon For Ontario Employers
On February 24, 2022, the Ontario government announced it would be introducing legislation requiring large employers to “tell their workers if, how and why” they are being monitored electronically. This […]
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Reminder To Federal Employers: Deadline For Annual Workplace Harassment And Violence Occurrence Report
You must submit your Annual Harassment and Violence Occurrence Report by March 1. This is the first deadline for this report, which is required under the Workplace Harassment and Violence Prevention […]
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Workplace Harassment in 2022
Court Refuses to Pull Plug on RCMP Employees’ $1.1 Billion Harassment Lawsuit A group of RCMP employees who claim they were harassed and bullied at work filed a $1.1 billion class […]
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An Apology Goes a Long Way: Court of Appeal Upholds Termination for Sexual Harassment and Refusal to Apologize to Complainant
What Happened? The employer terminated a senior male employee with 20 years’ service for just cause following an investigation into a complaint made by a female co-worker, regarding four inappropriate comments […]
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Termination: Single Episode of Physical Abuse against Mental Patient Justifies Firing of Nurse
A mental health centre fired a nurse for rough handling a patient with dementia. The nurse admitted to grabbing the patient by both arms and pinning her against the wall, […]
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Constructive Dismissal: Employee Took Too Long to File Harassment Constructive Dismissal Case
An employee went on medical leave in 2016 and never returned. Three years later, the company terminated her employment for frustration of contract. A month later, she sued for constructive […]
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Harassment: Union Can’t Blame Harassing Behaviour on Employee’s Mental Disability
A nurse terminated for workplace harassment after nearly 20 years of employment claimed his behaviour was the product of a depressive disorder. But the Alberta arbitrator didn’t buy it and […]
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Revenge Porn – Know The Laws Of Your Province
Most provinces have either adopted or soon will adopt revenge porn legislation Posting intimate images of a person without their consent, typically referred to as revenge porn because it often occurs […]
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Is Off Duty Sex Harassment Just Cause to Terminate? – Quiz
Workplace harassment can occur away from the office and after work hours. Consider the following scenario. SITUATION Four female employees are the victim of offensive and highly inappropriate conduct at the hands of […]
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Workers Comp Bars Assault-Based Constructive Dismissal Lawsuit
A lab chemist slammed a female co-worker in the arm with her fume hood window, causing a bruise. The chemist claimed the hood was too far open and that he […]
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Harassment Constructive Dismissal Occurs on Last Work Day, Not Resignation
When did the 2-year statute of limitations begin to run for an employee to file her constructive dismissal claim for workplace harassment? The employer claimed it began running on July […]
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The 11 Biggest HR Compliance Cases of 2021 & Their Impact on You
The court cases most likely to directly affect your HR program and policies. While new legislation always gets the lion’s share of attention, many (if not most) of the most impactful […]
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Employer’s Legal Obligations: Harassment, Bullying, Violence in the Workplace
Date: December 8, 2021 Time: 9:00 AM – 10:00 AM PST Speaker: Lorenzo Lisi This presentation will be an overview of employer's legal obligations with respect to harassment, bullying and violence in the […]
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OK to Discipline School Custodian for Bullying His Supervisors
In a bit of a role reversal, a maintenance employee was suspended 1 days and ordered to take an anger management course as a result of bullying and harassing his […]
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Court Refuses to Pull Plug on RCMP Employees’ $1.1 Billion Harassment Lawsuit
A group of RCMP employees who claim they were harassed and bullied at work filed a $1.1 billion class action against their employer for “systemic negligence” in allowing the behaviour […]
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Town Employee Can Sue Both the Town and GN for Sexual Harassment
In March, a Nunavut court ruled that a government employee could sue both her employer, the Hamlet of Pangnirtung, and the Government of Nunavut for failing to protect her from […]
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Fired Quebecer Can Sue for National Origin Discrimination
Did a heavy equipment operator’s French Canadian roots factor into the decision to fire him? The BC Human Rights Commission found that there was enough evidence to allow the case […]
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Use of He/She Pronouns with Transgender Co-Worker Costs Employer $30K
A bar manager used he/she pronouns, along with gendered nicknames like “sweetheart” and “honey” to refer to a non-binary, gender fluid, transgender co-worker on their first day of work. They […]
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Workers Comp Doesn’t Bar Harassment-Based Constructive Dismissal Claim
Less than 2 months after an Ontario arbitrator ruled that the workers comp bar against employees suing their employers for work injuries doesn’t apply to constructive dismissal for harassment, an […]
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Ontario Case Opens Door For Harassment Victims To Sue Employers For Money Damages
Workers comp is often described as a “historic tradeoff.” Employees get automatic coverage for work injuries without having to show who was at fault; in return they give up the […]
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The Conflicts Don’t Stop: The Latest on Workplace Investigations
Date: October 27, 2021 Time: 9:00 AM – 10:30 AM PDT Speaker: Inna Koldorf Recording: To access the recording of this webinar click here. All ancillary material is available as a handout with the recording. Workplace harassment and […]
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