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Workplace Investigations

What to do when violence erupts in the workplace

By : | Category : Articles, Personal Harassment or Bullying, Workplace Investigations, Wrongful Dismissal | Comments Off on What to do when violence erupts in the workplace

29th Jul 2013

These days, violence in the workplace can be a significant liability for employers, in various ways.

When Dan Gjema was pushed too far by another employee, he pushed him back – literally. Although it cost Mr. Gjema his job, a Manitoba court found in 2012 that his employer was ultimately to blame. more

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

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

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

Office romances

By : | Category : Cause for Dismissal, Workplace Investigations, Wrongful Dismissal | Comments Off on Office romances

25th Nov 2012

For company veteran Bryan Reichard, the Garden of Eden simply had too many forbidden fruits. Reichard, a senior manager at Kitchener, Ontario’s Kuntz Electroplating Inc., was a model employee for nearly 25 years, until he laid eyes on Ms. Thompson, one of the administrative assistants who he would eventually date as part of an extra-marital affair. It was a fatal attraction that later cost him his job. more

Clearing up misconceptions – Mistakes can be avoided

By : | Category : Employment Contracts, Resignation, Severance Packages, Workplace Investigations | Comments Off on Clearing up misconceptions – Mistakes can be avoided

Canadian employers may “rule” their own workplaces but they definitely don’t rule the courts. Despite workplace laws favouring their legal position, many employers make mistakes that hand employees a better case. Here are some of my favourite workplace blunders. more

18th Nov 2012

Having just been advised of the less than impressive results of an “employee satisfaction survey” at the National Bank’s branch in Vaughan, Ontario, Adrian Chandran, the senior manager at the branch, was in shock. To Chandran’s dismay, many of his subordinates accused him of making condescending remarks, embarrassing others and behaving like a bully. Some claimed they contemplated seeking legal advice. Chandran asked for the specifics of those complaints so that he could defend himself, but his request was denied. more

An employer doesn’t need to know you’ve filed for bankruptcy

By : | Category : Privacy Issues, Workplace Investigations | Comments Off on An employer doesn’t need to know you’ve filed for bankruptcy

2nd Oct 2012

If I’ve filed for bankruptcy, do I have to disclose this to a prospective employer? Could they legally do a search that would let them find that out? Does this limit my career choices? Will I be unable to get a job where I handle money (banking, real estate)? How might this fact limit me in my job search? Is there anything I can do to mitigate this fact? more

30th Sep 2012

With no legal entitlement to continued employment, Canadian employees decry that the law of dismissal favours their employer. Employers, however, don’t have a magic bullet for liberating themselves from unsatisfactory employees; most mistakes are made by the employees themselves. more