Tag: Labour/Employment Law

Lessons Learned

The Performance Appraisal Process: Lessons Learned

Just as leadership styles and organizational work have evolved, so have perspectives on performance evaluation. Traditional performance evaluation is hierarchical, control-oriented, and focused on individual ranking and grading. Present-day performance evaluation is relational, facilitative, and focused on development and problem-solving (Leadership, R. Lussier, et al). In Ontario, teacher performance appraisal requirements and processes are legislated. While the legislation is founded on a more traditional “three strikes you are out” mandate, the philosophy and practices are more contemporary.

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Fireable Offences Without Defences

Fireable Offences Without Defences

Termination for ‘just cause’ (and without notice) is often described as the capital punishment of employment law.  Consequently, employers face a significant burden when trying to prove just cause at law. Arguing just cause for dismissal may be difficult, but not impossible, especially in circumstances involving dishonesty or lack of trust. Nevertheless, employers should always exercise caution when making just cause allegations, because a legally unsubstantiated just cause termination can be costly. If an arbitrator overturns an employer’s termination decision in a unionized environment, this can result in a decision that reinstates that grievor and provides him or her with significant back pay.

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Workplace Harassment After #MeToo

Workplace Harassment After #MeToo

The #metoo movement has empowered many women who were the victims of unjust behaviour to come forward, although the movement has its own inequities by persecuting and often impacting the livelihood of the accused without due process, or any process whatsoever. This article will explore the complex considerations regarding sexual harassment in Canadian workplaces, consider the roles and obligations of all parties involved, and review the importance of investigations and due process in relation to workplace sexual harassment complaints. 

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The Aging Workforce and Human Rights Matters

The Golden Years: The Aging Workforce and Human Rights Matters

As the Canadian population ages, so does our workforce. Mandatory retirement programs have generally been outlawed (with few exemptions), and many Canadians now choose to work into their 60s and 70s for various reasons including: fulfillment, financial gains, longer life spans, lack of savings and failed pension plans.

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Accommodating Mental Illness in the Workplace

Invisible Barriers: Accommodating Mental Illness in the Workplace

Mental illness is a leading cause of disability in Canada. In fact, at least 500,000 employed Canadians are not able to work due to mental health problems in any given week. Understanding and accommodating mental illness is an evolving area that requires a flexible approach. This article will discuss the key legal requirements and interesting related case-law related to workplace mental health issues.

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Our Continuing Need to Teach

Human Rights and Human Wrongs: Our Continuing Need to Teach

Francine had been disciplined before. She had been suspended for 3 days, for an angry outburst that she had in the shipping department. But this time was worse. Francine was in the cafeteria, finishing her break. Three co-workers sat down at the same table, and within minutes she began yelling and swearing at them. One of them began talking to her, trying to quiet her down. She threw her cup of tea in his face, and then left the room. Francine was terminated. The letter of termination cited the company anti-violence and harassment policies.

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Costly Conduct

Workplace Bullying and Harassment: Costly Conduct

As media scrutiny over schoolyard and cyberbullying pervade the news, allegations of workplace harassment and bullying are on the rise. While the popularization of the terms “bullying” and “harassment” has both educated and empowered employees to assert the right to a respectful workplace, it has conversely sometimes resulted in overuse of the terms and meritless complaints in relation to reasonable management measures. Employers are left with the difficult task of managing all competing interests to ensure a safe, respectful and productive work environment.

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The changing landscape of collective bargaining after Ontario (A.G.) v. Fraser

Labour Relations in Canada: The Changing Landscape of Collective Bargaining after Ontario (A.G.) v. Fraser

Following the decision of the Supreme Court of Canada (SCC) in Ontario (A.G.) v. Fraser (Fraser), there has, predictably, been widespread speculation as to its eventual effect on the labour relations landscape in Canada.  A departure from other recent SCC case law, Fraser found that there was no constitutional guarantee for any specific form of labour relations or collective bargaining regime.  Even if the decision was significant in shaping Canada’s constitutional framework for collective bargaining, any tangible effect on labour policy has yet specifically to materialize

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Balancing Employee Privacy Interests with Workplace Safety

Random Drug and Alcohol Testing in the Workplace

In modern society, safety and privacy interests frequently seem to conflict, particularly in the workplace. Random drug and alcohol testing is one instance when these interests may conflict. Employers are obligated under occupational safety legislation to provide a safe workplace for employees. The risk of workplace accidents increases if employees are working under the influence of drugs or alcohol.

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