Management Lawyers

Invasion of Privacy in the Workplace Could Lead to Liability for Snooping Employees

Recently, the Ontario Court of Appeal recognized a new tort related to privacy rights, that is, “intrusion upon seclusion”. 

Human Rights Tribunal Heeding Clear Direction from Supreme Court

The Tribunal’s decisions following Figliola demonstrate that the Tribunal will not allow its processes to be used to effectively review decisions of other tribunals even if the other tribunal was not as expert on human rights issues or had a different adjudicative process. 

Taking a Hard Line on Termination Entitlements Ends Up Costing More

Employers should be wary of taking unreasonable positions in an attempt to avoid paying an employee what they are likely entitled to.  This can end up being even more costly.

Compliance deadline for the Customer Service Standards under AODA just a few short weeks away

January 1, 2012 is the deadline for compliance with the Customer Service Standard under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”).

When is a lay-off actually a termination?

Employers in Ontario must be cautious before implementing “temporary” layoffs.

The Ministry of Labour taking an active role to combat workplace violence and harassment

Just over a year ago, the workplace violence and harassment provisions were added to the Occupational Health and Safety Act. Although there have only been a few cases that deal directly with these new provisions, from the period of June 15, 2011 to March 31, 2011 the Ministry of Labour has reported that there were 600 orders issued pertaining to workplace violence and 1,100 orders issued related to workplace harassment.

It’s Party Time: Planning a Safe and Liability Free Office Holiday Party

As we roll into December, many employers will be hosting an office holiday party for their employees. While these events are a great way to thank employees for their hard work in the past year, they can also open up employers to serious liability.

Supreme Court of Canada Rules in Favour of Postal Workers in Pay Equity Human Rights Decision

The claim was filed 28 years ago by female employees of Canada Post with the Canadian Human Rights Tribunal (the “Tribunal”), alleging discrimination due to discrepancies in pay between workers in clerical positions, which were female dominated, compared with those in the male dominated postal operations group. 

In a 2005 decision, Tribunal awarded the workers $150 million in damages plus interest. The Tribunal’s decision was overturned by the Federal Court in 2008 and this was upheld by the Federal Court of Appeal. The Supreme Court overturned the Federal Court of Appeal’s decision on Thursday.