The Ontario Divisional Court has unanimously upheld Arbitrator Louisa Davie’s decision that Jan Wong breached her confidentiality obligations under a settlement with her former employer, The Globe and Mail (the “Globe”) and is bound by the repayment obligation she agreed to as part of the settlement. The Court held that Ms Wong lacked standing to…
Tag: Confidentiality
Confidentiality Provisions: Important, Effective and Enforceable
In most unionized workplaces, many grievances are settled before the parties present their evidence and before an arbitrator issues a public decision. In most instances, when a grievance is settled, the terms of that settlement are recorded in written form. The parties often agree that the settlement must be kept confidential and include a confidentiality…
Stephen Shamie Mentioned in The Globe and Mail
Hicks Morley’s Stephen Shamie was mentioned in the July 5, 2013 edition of The Globe and Mail in an article entitled “Wong ordered to repay settlement after breach of agreement with Globe.” Former Globe journalist Jan Wong, breached a confidentiality agreement with The Globe and was ordered to pay back an undisclosed severance payment, as…
What Happens When an Employee Breaches a Confidentiality Provision in a Human Rights Settlement?
In Tremblay v. 1168531 Ontario Inc., the Human Rights Tribunal of Ontario issued its first decision in which it held an applicant accountable for breaching a confidentiality clause in a settlement arising from the resolution of a human rights application brought against her employer. The employee had signed an agreement to maintain the confidentiality of…
Misuse of Confidential Information – Are You Prepared?
An employee’s misuse of confidential information housed on computers or electronically can expose an employer’s business to serious risk of harm and potential liability. Improperly managed, these situations can create a crisis: witness Bank of America and the WikiLeaks threat. Hicks Morley has been successful in assisting clients who have had their confidential information misused…