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How Whistle-Blowing Programs in the Workplace Can Lead to Psychological Harassment
The term whistleblower generally refers to a disclosure by an individual of mismanagement, corruption or wrongdoing. While whistle-blowing has been institutionalized in the United States through the enactment of the Sarbanes-Oxley Act in 2002, many Canadian employers are now voluntarily...
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Do Employees have Privacy Rights on Your Computer?
The recent Ontario Court of Appeal decision, R. v. Cole, addressed the issue of an employee’s expectation of privacy on an employer’s laptop computer. At first glance, this decision appears to have far-reaching implications for an employer’s right to monitor and...
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Ontario Court of Appeal rules on the composition of Joint Occupational Health and Safety Committees
Those Ontario employers who are provincially regulated in labour and employment matters will, if they engage independent contractors and/or workers from temporary agencies, wish to consider the application to their businesses of a Court of Appeal decision released on January...
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Soost v. Merrill Lynch Canada Inc.: Welcome judicial restraint exercised in the analysis of wrongful dismissal damages
There has been considerable uncertainty as to the circumstances in which a Court will award aggravated or punitive damages in respect of the dismissal of an employee. Since the seminal decision of the Supreme Court in Wallace v. UGG, dismissing...
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“Pension Plan Conversions – A Legal Update”
Benefits and Pensions Monitor, Volume 20, Number 8, December
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Co-Author, “Record of Offences as a Ground for Human Rights Protection”
The Canadian Bar Association, Labour and Employment Law Perspective
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Availability of Tort Claims in Employment Actions Restricted by Ontario Court of Appeal Ruling
The Ontario Court of Appeal has ruled, in a decision dated May 28, 2010, that an employer cannot be sued in tort for negligent infliction of mental distress. The ruling reversed the 2008 trial decision of Ontario Superior Court Justice...
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Workplace Violence – Occupational Health and Safety Obligations
Introduction Most of us will spend one-third of our active lives at work. Work is a source of fulfillment, both emotionally and financially. Maintaining the workplace in compliance with a complex system of statutory and common law obligations is a...
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Workplace Violence – Occupational Health and Safety Obligations
Introduction Maintaining the workplace in compliance with a complex system of statutory and common law obligations is a constant source of challenge to Canadian employers, including charities and non-profit organizations. Workplace violence is one of the areas that receives broad...
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Ministry of Labour Releases Guidelines in Relation to the Workplace Violence and Harassment Amendments to the Occupational Health and Safety Act
The Ontario Ministry of Labour (MOL) has released a set of Health and Safety Guidelines titled “Workplace Violence and Harassment: Understanding the Law – Health and Safety Guidelines” (Guidelines) to assist workers, supervisors and employers in understanding their new obligations...
