Tag archives: harassment

Sexual harassment in Toronto’s restaurants

Recently, allegations of sexual harassment in the kitchen of a trendy Toronto restaurant have ignited a dialogue about workplace harassment. While this doesn’t excuse it, industry veterans aren’t surprised by the complaint, saying that many of Canada’s restaurants have a workplace culture that is overwhelming male, close-knit, and full of sexualized banter. The employee at … Continue reading

The employer’s refusal to adapt the employee’s workstation may constitute moral harassment

The legal context Under French employment law, employers are under a strict duty of care which requires them to ensure the protection of their employees’ health and safety (duty of care), the mere breach of such obligation will trigger their liability even if there is no fault on their part. Such duty of care is … Continue reading

What protection do employees have against discrimination on grounds of age?

To begin with, employment discrimination on grounds of age is not a problem only for workers in a specific age group in Colombia. For instance, young people feel discriminated against because of their lack of experience when seeking jobs for the first time, and the elderly feel rejected and undervalued when they are interested in … Continue reading

Termination for Facebook post upheld by arbitrator – Despite absence of social media policy

The recent decision of United Steelworkers of America, Local 9548 v Tenaris Algoma Tubes Inc, 2014 CanLII 26445 (ON LA) provides an example of how a unionized employee’s off-duty social media behavior can justify dismissal, despite the absence of any reference to social media in the company’s harassment policies. The grievor was a crane operator … Continue reading

Moral harassment: an employee victim of harassment can be compensated twice

Legal context French employment law strictly prohibits acts of moral harassment within a company, employers being required to take all measures necessary to prevent such situations from occurring in the first place. Applicable sanctions in the event of breach of such prohibition can be particularly severe since the employer can face penal sanctions as well … Continue reading

Bullying a colleague does not necessarily justify a dismissal

The legal context French employment law strictly prohibits situations of moral harassment in the workplace, the employer being required to take all necessary measures to prevent such situations from occurring. The employer can, for example, be held liable if acts of moral harassment actually take place, as the employer can then be held to have … Continue reading

Case Brief: On punitive and mental distress damages for harassment

In 2012, we reported on an Ontario jury award of approximately $1.5 million damages to a 42-year-old former assistant manager who resigned her employment at Wal-Mart after being verbally abused and harassed by her 32-year-old store manager. At trial, the employee was found entitled to $200,000 for intentional infliction of mental suffering, $1 million in … Continue reading

Employee Not Allowed to Sue Employer For Injuries Resulting From Workplace Harassment

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 rights … Continue reading

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 … Continue reading
LexBlog