On June 14, 2016, the United States Department of Labor (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued a Final Rule to revise its sex discrimination policies, updating its guidelines to provide additional guidance on what constitutes discrimination based on sex. The updated guidelines define “sex” to include gender identity, transgender status, pregnancy, and
July 2016
What are the latest developments on whistleblowing in the workplace?
The legislation relating to whistleblowing in the workplace can involve claims for labor harassment, crimes in the work place, corruption, non – fulfilment of regulations relating to outsourcing, hiring of foreign employees, the Health Committee responsible for supervising health and safety matters, amongst others.
Article 23 of the National Constitution, Article 24 of the…
What’s in a grade?
The beginning of summer break for students across Ontario also means the release of their final grades. While student evaluation is only one part of a teacher’s job, it is crucial for the integrity of the school system and for students’ post-secondary education opportunities. In the recent decision Fernandes v Peel Educational & Tutorial …
Can internal investigations commissioned from third party investigators be kept confidential?
The recent decision of the Fair Work Commission in Kirkman v DP World Melbourne Limited[1] illustrates the benefits to employers of taking care when commissioning investigations into alleged misconduct in the workplace. If the commissioning of the report is handled correctly, and confidentiality of the report is maintained at all times, it may be possible to withhold production of the report in subsequent proceedings brought by employees, on the basis of a claim for legal professional privilege (LPP).