Can A Release Bar An Employee’s Human Rights Complaint?
The question is whether an employer can protect itself from human rights complaints by having the dismissed employee sign a release?
Year in Review: The most significant developments in Canadian employment law in 2017
We have done our best to identify the developments in 2017 that we think had, or will have, the most significant impact upon Canadian employment law. They are reviewed below, and as usual, we refuse to be limited to a “top 10” format.
Holidays in the Workplace
In one of my Canadian HR Law Blog post, I discussed the myriad of issues that can arise in the workplace during the upcoming holiday season. These include discrimination, drinking and driving, harassment, among other concerns. Generally speaking, holidays and…
When can an employer ask for an independent medical examination?
The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court…
The same conduct may ground an award of damages for sexual harassment and moral damages
Earlier this month, we wrote a blog post on the Weinstein scandal and sexual harassment. In that blog post, Stuart Rudner asserted that after the Weinstein scandal, sexual harassment can no longer be seen as a ‘cost of doing business’.…
How old is too old (to be a pilot)?
The Canadian Human Rights Tribunal is holding a new hearing into whether Air Canada discriminated against pilots by forcing them to retire at 60 Readers will likely already know that the era of mandatory retirement in Canada is long gone.…
Frustration of Contract
In one of my First Reference Talks blog post, I discuss a topic that continues to "frustrate" employers as we enter the new year: frustration of contract. Unfortunately, many employers confuse their own frustration with absent employees with frustration at…
Workplace Harassment and Discrimination: Looking at the Allegations Against Canada’s Spy Agency
You have probably seen this in the news – five employees have filed a $35-million lawsuit against the Canadian Security Intelligence Agency (CSIS) alleging a toxic workplace culture poisoned by racism, homophobia and anti-Muslim discrimination. These allegations are yet to…
Efficiency can’t trump safety
Candace Carnahan gave an inspiring speech in Charlottetown This week, I was fortunate enough to be invited to Charlottetown in order to give a presentation at the WCB Workplace Health & Safety Conference. Hopefully, people found my presentation on marijuana…
How to Respond to Requests for Accommodation
The workplace is no longer what it used to be, and the circumstances that an employer must accommodate continue to expand. Be it childcare arrangements, medicinal marijuana, or transgender accommodation, human rights continue to impact the workplace. Employers expose themselves to…
