In, Ashraf v SNC Lavalin ATP Inc. (“Ashraf”) an Alberta judge upheld a master’s decision to strike the statement of claim of a worker seeking to sue his employer for injuries resulting from workplace harassment. The Statement of Claim of the Plaintiff was struck on the grounds that the Alberta Worker’s Compensation Act bars all
Employee Rights on Redundancy – Avoiding Discrimination in Organizational Restructuring
When job redundancies arise in an organization, whether as result of a merger, restructuring, or downsizing, employers need to remain aware of duties under human rights legislation, such as the Ontario Human Rights Code.
To meet these expectations, an employer’s decision regarding which employees will lose their jobs can not be tainted in any
Punitive Damages for Failure to Investigate Workplace Harassment Brought Back to Earth by Ontario Court of Appeal But Still Substantial
The Ontario Court of Appeal has substantially reduced a record setting $1 million in punitive damages jury award against a retail employer and $150,000 in punitive damages against a former manager. These damages were reduced to $10,000 against the manager and $100,000 against the company.
The employee in this case worked for a major retailer
Refusal to provide training and age discrimination: the cost-effectiveness is irrelevant
The legal background
The issue of compensating the cost of expensive training provided to an employee is a well-known and legitimate concern for any employer who wishes to maintain the profitability of its business. However, in considering whether or not to provide such training in light of the cost of doing so, employers should take
Federal Court of Appeal clarifies Canadian law on discrimination based on family status
This blog post was written by William Hlibchuk, a partner in the Montréal office.
On May 2, 2014, the Federal Court of Appeal (FCA) rendered two decisions relating to discrimination based on family status. In so doing, the court clarified the scope of the prohibited ground of family status contained in the Canadian Human
We filter: Crafting An affirmative defense to sexual harassment?
Many employers have implemented policies and procedures to protect employees from harassment in the electronic work space in an effort to limit liability.
EEOC statistics suggest that claims of unlawful harassment through electronic communications, including emails, pornographic websites, and sexual comments on social media and blogs make up an increasing percentage of sexual harassment charges
Australia to water down racial hatred prohibitions
On 25 March 2014, the Attorney-General, Senator the Hon. George Brandis QC, released for public comment an exposure draft of a Bill that is to amend Part IIA of the Racial Discrimination Act 1975 (Cth.) (RD Act).
Part IIA, which is entitled ‘Prohibition of offensive behaviour based on racial hatred’, includes within it
The Charter of Values in Québec
In the wake of the Bill 60 debates currently taking place in Quebec, we suggest an analysis of the possible consequences, with regards to labour relations, of the Charter affirming the values of State secularism and religious neutrality and of equality between women and men, and providing a framework for accommodation requests (“Charter“).
Avoiding the pitfalls of hosting a work party in the UK
This post was contributed by Lindsey Hooper, Associate, Norton Rose Fulbright LLP (London)
Work parties over the Christmas period have become somewhat of a tradition in the UK but they can be a real headache for employers. Here are some handy tips for avoiding common “work party” pitfalls.
Location, location, location
The location of a
Employers’ obligations when hosting the end of year party
This article was written by Jose Jorge, director at Norton Rose Fulbright South Africa and assisted by Esther van Schalkwyk a candidate attorney
The itchiness (and hilarity) of Movember has passed and the end of the year is in sight.
The end of year party seems to have become an indispensable part of any self-respecting