Kindergarten Class Size Caps, Right to Remain Silent During a Board’s Investigation and More…

In our first School Board Update of 2020, we discuss recent decisions of interest which look at kindergarten class size caps, whether a grievor had the right to remain silent during a school board’s investigation and whether a grievor was entitled to accommodation in respect of her commute to work. We also provide links to…

Federal Court of Appeal Clarifies Employer Obligations to Investigate Workplace Violence Allegations under the Canada Labour Code

In a recent decision, Canada (Attorney General) v. Public Service Alliance of Canada, the Federal Court of Appeal upheld a decision of the Federal Court which clarified an employer’s obligation to appoint an impartial “competent person” to investigate complaints of workplace violence. The Canada Occupational Health and Safety Regulations (“Regulations”) require an employer to appoint…

Federal Post – Second Edition

Dear Friends, We are delighted to bring you this year-end edition of the Federal Post, our newsletter designed exclusively for federally regulated employers. In this issue, we cover a range of interesting developments in the areas of federal labour, employment standards, unjust dismissal law and health and safety. Ian Campbell, a lawyer in our Waterloo…

Employer Investigations Held to Standard of Reasonableness, not Correctness or Perfection

In a recent decision, Zambito v. LIUNA Local 183, the Human Rights Tribunal of Ontario (“Tribunal”) provided some useful guidance on internal employer investigations. It reiterated that while it is extremely important for employers to respond seriously and promptly to all allegations of discrimination and harassment, they will be not be held to a standard of…

Reaching Out – Sixth Edition

Dear Friends, With summer heating up, burning human resources issues continue to smolder as well. At Hicks Morley, we hope that you are enjoying the summer sunshine and we welcome you to the Summer 2014 Edition of Reaching Out, designed to address a number of relevant practical issues of particular interest and application to management…

The Ontario Bar Association Publishes an Article by Jacqueline Luksha

The Ontario Bar Association published an article authored by Hicks Morley’s Jacqueline Luksha in their May 28, 2014 edition entitled, “The Duty to Investigate Workplace Complaints Under the Ontario Human Rights Code…Is hind-sight really 20/20?” In the article, Jacqueline discusses lessons learned from Scaduto v. Insurance Search Bureau, including the importance of employers carrying out…

2014 Winter Edition

FOCUS ON SOCIAL SERVICES Balancing interests – legal challenges in the social services sector LEGAL DEVELOPMENTS The changing status of family status Workplace investigations: avoiding common pitfalls PROFILE Class act Download PDF

How the New Privacy Tort Will Affect Employers

On January 18th, 2012, the Court of Appeal for Ontario in Jones v. Tsige recognized a new “intrusion upon seclusion” civil cause of action. In this FTR Now, we describe the new cause of action (or “tort”) and identify its significance to employers. THE INTRUSION UPON SECLUSION TORT Under Ontario law it is now clear…