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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


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

By Cristina Tomaino

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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Jan 29, 2015

Relying on After-Acquired Cause to Set Aside Settlement Agreement

After an employee has been dismissed without cause, an employer can allege cause if misconduct of the employee is discovered after the dismissal &n...

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Jan 8, 2015

Dismissal Upheld after Sexual Threats over Facebook

As one of the seminal decisions of 2014, USW and Tenaris Algoma Tubes Inc. raised the issues of off-duty conduct, sexual harassment / threats and s...

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Sep 18, 2014

Ray Rice and the NFL Remind Ontario Employers that they may have Domestic Violence issues to address at their Workplace

Domestic violence has been prevalent in the news lately with many people voicing their opinions on how the Baltimore Ravens and the National Footba...

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Jun 19, 2014

Human Rights Tribunal finds there is No Duty to Investigate Absent Discrimination

On February 24, 2014, the Human Rights Tribunal of Ontario (the “Tribunal”) issued its decision in Scaduto v. Insurance Search Bureau, ...

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Jun 5, 2014

Supreme Court of Canada Decision in Irving Pulp and Paper Followed by Arbitration Board in Recent Policy Grievance

On June 14, 2013, CCP released a blog on the Supreme Court’s decision in the matter of Communications, Energy and Paper Union of Ca...

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Apr 10, 2014

By Kelsey Orth

Experienced Unionized Employee’s Just Cause Dismissal Upheld through Application of “Culminating Incident” Doctrine

A common question from employers, especially in the unionized context is: When do we have enough incidents of discipline on record for a repeat off...

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Nov 28, 2013

$450,000.00 Punitive Damage Award – A Cautionary Tale for Employers

After a winding ride through our court system the case of Pate v. Galway-Cavendish has most recently received attention from our Court of Appeal wh...

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