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Category: discrimination

Wrongful Dismissal Update: The Number of Damage Claims Being Awarded By Trial Judges are Going Up

By , January 17, 2017 8:45 am

Once upon a time, employees did not sign employment contracts with termination clauses and employment lawyers fought over the appropriate “reasonable” notice period.  In 2017, employees now often claim, among other things, wrongful dismissal damages, human rights damages, moral or Wallace damages, punitive damages, and damages for the intentional infliction of mental stress. By way Continue Reading…

TOP 10 EMPLOYMENT LAW STORIES OF 2016

By , December 6, 2016 10:40 am

The last page has turned on the calendar for 2016 so it is time for my top 10 employment law stories for the year. 1. Sexual harassment. The fallout from the Jian Ghomeshi saga continues. An adjudicator under the Code awarded $ 150 000 in damages to an employee who had been sexually harassed/assaulted (Click Continue Reading…

The Number of Workplace Investigations are Skyrocketing: Here’s Why

By , November 22, 2016 9:24 am

There are different types of workplace investigations and the number of workplace investigations is skyrocketing. This blog discusses four scenarios where workplace investigations are required or recommended. To reduce legal exposure and save costs, I believe most employers should acquire the internal expertise to conduct workplace investigations Workplace Harassment Complaints Under the Ontario Health & Continue Reading…

Investigating Workplace Harassment Complaints: Get Ready for Changes to the OHSA

By , July 26, 2016 7:20 am

“Bob is harassing me.” Your spidey senses should be tingling. Because some kind of investigation should be taking place soon. If not, consider what happened when an employee at CBC complained about Jian Ghomeshi and was ignored or when an employee at the TO2015 Pan American games complained about David Peterson and her complaint was Continue Reading…

The Perils of Dismissing a Disabled Employee

By , July 12, 2016 1:08 pm

On June 30, 2016 the Ontario Court of Appeal (the “OCA”) released its decision in a case involving the dismissal of a disabled employee who earned about $ 22 000 per year. I wrote about the trial decision in April (see here for my blog post). The OCA increased the damages the employer was ordered Continue Reading…

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