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Apr 11, 2024

By Mike MacLellan

Ontario’s Divisional Court Overturns Arbitrator’s Unreasonable Decision in Workplace Sexual Harassment Case

A concerning arbitration decision has been quashed on judicial review. Five Metrolinx employees had their employment terminated in 2021.  The ...

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Mar 14, 2024

By Susan Crawford

OLRB Clarifies Employer Obligations in Communicating Workplace Investigation Outcomes

A recent decision of the Ontario Labour Relations Board (the “OLRB”) provides important guidance to employers on the issue of what is r...

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Oct 12, 2023

By Misbah Anis

Workplace Investigation Mandated by OHSA not Defamatory Says Ontario Court of Appeal

The Ontario Court of Appeal in Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 8 recently upheld the dismissal of a defamation action under section...

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May 18, 2023

By Mike MacLellan

Ontario Labour Board Dismisses Pre-Emptive and Premature Complaint About Workplace Investigator

Among other obligations, subsection 32.0.7(1)(a) of the Occupational Health and Safety Act requires employers to ensure that: “an investigati...

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May 11, 2023

By Kelsey Orth

BC Employee Learns the Hard Way there is no Free Lunch: Court Upholds General Manager Dismissal for Falsified Restaurant Expense Claims

Although perhaps counterintuitive to most people, it is an established point of Canadian employment law that employee dishonesty does not necessari...

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Jan 19, 2023

By Kelsey Orth

Ignore Workplace Complaints At Your Own Peril: Employer Pays Dearly For Supervisor’s Abuse in Constructive Dismissal Claim

We often use this space to highlight what employers should do.  However, this week’s blog is about as clear-cut an example of what not t...

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Aug 11, 2022

By Mike MacLellan

Harassment Investigation Considerations for Hybrid and Remote Workplaces

Workplace bullying and harassment complaints have to be investigated in a manner that is reasonable in the circumstances.  This is a long-esta...

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Sep 24, 2020

By Mike MacLellan

Look Into It: New Rules for Workplace Investigations Under the Canada Labour Code

Back in July CCPartners published an article on our Employers’ Edge blog about the passage of Bill C-65.  That Bill introduced new Regul...

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Feb 13, 2020

By Jacob Love


Last week Mike MacLellan blogged on a case where a unionized employee was terminated for sexually harassing another employee. This week we’re...

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Feb 5, 2020

By Mike MacLellan

Sexual Assault is NOT “Lower End” Harassment, and the Labour Arbitrator Who Said Otherwise Was Wrong.

I for one would have thought it would be pretty obvious, but it actually took the matter going all the way to the Alberta Court of Appeal to quash ...

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Jan 23, 2020

Supreme Court of Canada Holds Work Place Inspection Obligations under the Canada Labour Code Only Extend to Area of Employer’s Physical Control

A recent decision from the Supreme Court of Canada has found that an employer’s inspection obligations under the Canada Labour Code (the &ldq...

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Jul 27, 2017

Treatment of sexually harassed employee grossly insensitive but Damages claimed were grossly excessive

To Ferraro - July 22, 2013 (00028655.DOCX;1) In the recent decision of Colistro v. Tybatel, 2017 ONSC 2731, the Ontario Superior Court of Justice p...

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Sep 29, 2016

Expectation of Privacy is Lost once Text Messages are Received

In 2012 the Supreme Court of Canada released the decision R. v. Cole that found employees have a reasonable expectation of privacy with respect to ...

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Jul 21, 2016

By Kelsey Orth

Ontario Court Confirms an Employer’s Right to Impose Administrative Suspension During Workplace Investigation

Since Bill 168 changes to the Occupational Health and Safety Act took effect in 2009 with respect to violence and harassment in the workplace, we h...

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Jun 16, 2016

By Mike MacLellan

Bad Workplace Investigation Leads to Potential Bad Faith Lawsuit

In 2014 the Supreme Court of Canada recognized a legal obligation to perform contracts in good faith.  Our blog on that decision: Bhasin v. Hr...

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Feb 11, 2016

By Susan Crawford

Is Your Organization Prepared for a Workplace Investigation? The Stakes Have Never Been Higher

There is perhaps no better time to be talking about workplace investigations as high profile cases of sexual harassment and poisoned work environme...

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Nov 11, 2015

“It’s Never Okay” – Ontario’s Legislative Crackdown on Sexual Violence and Harassment Passes First Reading

In March of this year the Ontario government published a 40 page Action Plan to combat sexual violence and harassment in both our workplaces and co...

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Jun 4, 2015

Inappropriate Sexual Conduct at Social Work Events – Are Employers Liable?

This is the question that K.L. v. 1163957799 Quebec Inc., 2015 ONSC 2417 hopes to answer. In the summer of 2013 Calypso Theme Park (“Cal...

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Mar 19, 2015

“It’s Never Okay” - Ontario Government takes firm stance to end sexual harassment and violence

In Ontario, all employers must take steps to prevent and react to harassment and violence in the workplace. Part III.0.1 of the Occupational Health...

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