Human Rights and Discrimination
29th Jul 2013
It is possibly the biggest controversy in workplace law: Do employers get away with terminating employees on pregnancy or parental leave illegally because of a “loophole” in legislation, or do the additional legal provisions extended to new parents go beyond what is necessary to ensure they are protected? The answer is often a matter of perspective. more
By : whittenlublin | Category : Articles, Cause for Dismissal, Constructive Dismissal, Employment Contracts, Human Rights and Discrimination, Personal Harassment or Bullying, Severance Packages, Sexual Harassment, Workplace Investigations, Wrongful Dismissal | Comments Off on I’ve been bullied, and now I’ve been fired. What do I do?
17th Jul 2013
I have been ignoring the bullying that has happened to me for four-and-a-half years. It came to a halt when I was escorted out of the building like a common criminal. Then they terminated my five-and-a-half year employment, without cause. No one should be subjected to this kind of treatment. I have never had this happen to me before. This is a big black mark on my employment record. What would be my next steps? more
15th Jul 2013
Today, much of the Canadian work force believes they are being “bullied” or “harassed.” But despite statutory definitions and workplace policies attempting to define this behaviour, it is still usually a matter of perception. A tough boss to one employee is often a bully to another. Since bullying and harassment are often in the eyes of the beholder, when do our courts and labour tribunals intervene? And when does bullying or harassment justify a successful lawsuit? more
By : whittenlublin | Category : Cause for Dismissal, Constructive Dismissal, Employment Contracts, Employment Insurance Benefits, Human Rights and Discrimination, Reasonable Notice, Severance Packages, Statutory Complaints, Wrongful Dismissal | Comments Off on Is it legal to lay off a worker on maternity leave?
I have been on maternity leave for about a year. Two weeks before my scheduled return to work, I was informed that, because of some restructuring within the organization, my role is changing and that I have the option to return or take a severance package.
The details of the package were e-mailed to me and the package will be equivalent to around four months of my salary (which I think is generous considering I only joined the company in May, 2011). In terms of the changes to the job should I choose to return, I will require more “technical” skills, but the rest of the requirements are pretty much the same.
Is this legal? more
By : whittenlublin | Category : Conspiracy Claims in Employment Law, Damages for Bad Faith, Mental Distress and Personal Injury, Human Rights and Discrimination, Personal Harassment or Bullying, Resignation, Sexual Harassment, Workplace Investigations | Comments Off on I was sexually harassed at work and pushed out. Now what?
I recently walked off a job after being sexually harassed. It was reported to my employer and a proper investigation was not conducted. Instead I was put on a shift I couldn’t work and eventually had to leave. The sexual harassment was actually a sexual assault. What are my legal options? Who do I report this to in order to get some action? more
I am returning to work after a year-long maternity leave, and my company is planning to lay off a significant number of employees in the next two months. I will probably lose my job.
I received a top-up of around $7,000 for my mat leave. I’m required to come back for six months, and if I don’t return of my own choice, I need to pay that back. If I’m fired, can the company still expect me to pay this back? Can they subtract it from my severance pay? And do severance packages always count as insurable time if I need to go on employment insurance? more
Despite the existence of privacy legislation, privacy-based regulatory bodies, privacy principles and even privacy-based torts (wrongful acts that lead to damages) there is still no clear “right” to privacy for many workers.
This is because most privacy laws are not absolute. They have exceptions and exemptions – or simply don’t apply to the vast majority of employees.
How then does this legal landscape practically affect the rights of Canadian employers and their employees? more
I work for a company and I am currently on a parental leave. The division of the company I work for has since been shut down and I have no job to return to.
Since I am on leave, I heard this news from a colleague at a different company – no one (not even human resources) reached out to me to advise me of the closure. I contacted HR to find out exactly what was going to happen to me. HR advised that most likely no “like positions” would be available to me when I return and I would be given a severance when I do “try” to come back. I was not told the exact dollar figure of the severance, although I think this is important information for me to know.
Shouldn’t the company tell me exact figures of a potential severance package and secondly, shouldn’t they be obligated to provide me a position with a similar salary upon my return? more
25th Nov 2012
This is as true at work as it is in life, except that in workplace law there is always an exception. Here is a sampling of some of the questions readers of this column frequently ask and the answers that I often provide. Should I respond to a poor performance appraisal? I am told that non-competes will never be enforced? Can I be fired while I am on sick leave? I should have received a promotion. I signed an independent contractor agreement but I am truly an employee. more
There is a new war being waged in Canadian workplace law, and its battleground is not even a courtroom. This conflict unfolds at doctors’ offices when employees claim that they are too sick to work and employers stubbornly disagree. The result is usually a letter-writing war between medical experts, insurance claims examiners and eventually the lawyers.
Employees are entitled to “accommodation” for illnesses and disabilities (even perceived ones), and employers must take all reasonable steps to comply. Although the law may be clear-cut, the facts are seldom straightforward. A “headache” to one physician may be a chronic illness to another. more