Workplace Harassment | MacLeod Law Firm

Workplace Bullying: Does My Employer Have To Intervene?

MacLeod Law Firm — Thu, 17 Sep 2020 20:48:03 +0000

Workplace Bullying: Does My Employer Have To Intervene? Have you experienced workplace bullying or harassment? Did you know that your employer has an obligation to investigate any complaint of bullying or harassment you make regardless of whether or not you file a formal complaint? In fact, simply stating that you are feeling attacked or bullied could trigger the employer’s duty to investigate.

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Constructive Dismissal Update: Employee Alleging Workplace Harassment Barred from Pursuing a Civil Claim

Doug MacLeod — Tue, 25 Feb 2020 15:00:16 +0000

An employee quit her employment because of workplace harassment and filed a constructive dismissal action. The Employer brought an application under the Workplace Safety and Insurance Act (the “WSIA”) and convinced an adjudicator that the action was statute barred. However, the adjudicator concluded that the employee could claim for benefits under WSIA. If this case is upheld on appeal…

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5 Things To Know about Fair Treatment at Work: Contracts, Harassment, Discrimination and more

MacLeod Law Firm — Wed, 18 Dec 2019 13:45:11 +0000

5 Things To Know about Fair Treatment at Work: Contracts, Harassment, Discrimination and more Most people simply want to be treated with fairness, dignity and respect at work. This blog summarizes five things you can do to make sure this happens including discussion on harassment, discrimination, employment contracts and severance packages. 1. A fair employment contract. If you apply for a…

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Workplace Harassment Provisions Coming to the Canada Labour Code

Doug MacLeod — Tue, 10 Sep 2019 14:22:25 +0000

Our last blog discussed new amendments to the Canada Labour Code (“the Code”) that came into force on September 1st. Employers cannot rest just yet – even bigger changes are expected to arrive in 2020 in relation to workplace harassment and violence. The Code applies to federally regulated employers who account for about 10% of the Canadian workforce. Employers like the federal government…

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Failure to Address Workplace Harassment Results in Aggravated Damages

MacLeod Law Firm — Mon, 03 Jun 2019 16:58:54 +0000

As we have written before, an employer may generally terminate an employee for any good business reason, as long as it provides the employee with adequate notice of termination (or pay in lieu of notice). Failure to provide adequate notice results in a wrongful dismissal. In addition to awarding damages for wrongful dismissal, courts have the authority to award “aggravated” or “moral” damages…

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When Should Unionized Employees Consult an Employment Lawyer?

MacLeod Law Firm — Tue, 12 Feb 2019 21:49:52 +0000

Are you a unionized employee dealing with an employment matter but having difficulty finding a lawyer that will assist you? This may be because the rights and recourses available to unionized employees differ from those available to non-unionized employees. To read about how these rights differ, read our previous blog here. In most cases, if you feel that your employer is not complying with…

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Workplace Investigations under the Occupational Health and Safety Act

MacLeod Law Firm — Tue, 11 Dec 2018 14:46:07 +0000

The Occupational Health and Safety Act (OHSA) imposes several obligations on employers to investigate complaints of workplace harassment. When there is an incident or complaint of workplace harassment, OHSA requires the employer to conduct an investigation that is appropriate in the circumstances. An employer has a legal obligation to make the workplace safe so if there is any indication of…

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Increased Federal Protections Against Harassment and Violence

Nicole Simes — Fri, 12 Oct 2018 16:18:11 +0000

Increased Federal Protections Against Harassment and Violence The Federal government is consulting the public on changes to the Canada Labour Code (CLC) to increase protections against harassment and violence. Federally regulated employees, like those who work for banks, airlines, telecom or national transportation companies are covered by the CLC. The government proposes to set solid…

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Increasing Damages for Sexual Assault in the Workplace

Nicole Simes — Sat, 23 Jun 2018 14:32:52 +0000

On average, damages awarded to an employee for a breach of the Human Rights Code, remain relatively low, typically $10,000 to $15,000. The Human Rights Tribunal of Ontario recognizes that low-value awards for discrimination and harassment create a license to discriminate. Following that message, it recently released two significant decisions that reflect a willingness to award higher amounts.

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Broader Protections From Harassment While Working

Nicole Simes — Fri, 09 Feb 2018 17:31:30 +0000

Recently, the Supreme Court recognized the changing nature of employment relationships and that harassment and discrimination can occur at work whether coming from a boss, co-worker, or fellow contractor. The Case In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62 Mohammadreza Sheikhzadeh-Mashgoul worked as a civil engineer consultant. He worked on a job site where he…

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