Lauri Reesor Quoted in Benefits Canada on #MeToo in the Workplace

Benefits Canada quoted Hicks Morley’s Lauri Ressor in a May 11, 2018 article titled “A Workplace Guide for the #MeToo Era.” With the #MeToo movement in full swing in recent months mostly focused on high-profile cases of sexual harassment in the entertainment industry and the political sphere, Benefits Canada discusses what employers should be doing to respond to a new reality of zero tolerance for misbehaviour.

Court Finds Employer Took Appropriate Steps to Change Terms of Employment – No Constructive Dismissal

In Lancia v. Park Dentistry, the Ontario Superior Court found that an employer who wished to change the terms of employment did not constructively dismiss a long-term employee because she was provided with 18 months’ working notice as well as a new contract with a signing bonus. The plaintiff worked as dental hygienist for the…

Court Rules Sexual Harassment Allegations Against Manager Outside Scope of Release with Employer

In Watson v The Governing Council of the Salvation Army, the plaintiff sued her former manager (Manager) for sexual harassment after having already settled the termination of her employment with her former employer, the Salvation Army. In her statement of claim, she sought a damage award for negligence, intentional infliction of emotional harm and breach…

Reminder: New Employer Workplace Harassment Obligations Now in Force

Effective today, significant reforms to the Occupational Health and Safety Act (OHSA) are coming into force which place additional duties on employers with respect to the prevention of workplace harassment. As previously reported, these changes were outlined in Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016

Significant Damages Awarded Against Employer for Sexual Harassment of Temporary Foreign Workers

In a recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”), Vice-Chair Mark Hart imposed a significant damages award against corporate respondent Presteve Foods Ltd. and its directing mind, Jose Pratas (“the personal respondent”). In O.P.T. v. Presteve Foods Ltd., two Applicants, O.P.T. and M.P.T., alleged that the personal respondent had engaged in…

Maintaining a Workplace Free of Sexual Harassment

Over the past several months, the issue of workplace sexual harassment has been in the spotlight and the subject of considerable discussion. In response to recent media attention, the Ontario Human Rights Commission recently issued a statement reiterating the legal duty of employers to prevent sexual harassment and to respond to any complaints in the…

Arbitrator Upholds Dismissal of Grievor for Posting Vicious Comments about Co-Worker on Facebook

In a recent labour arbitration award, Arbitrator Laura Trachuk upheld the dismissal of a three and one-half year employee for posting vicious, humiliating and threatening comments about a co-worker on Facebook. While the Arbitrator left many specifics out of her decision in order to protect the identities of those involved, this decision serves as an…