Atlantic Employers’ Counsel – Fall 2015
THE EDITORS’ CORNER
Trick, Treat or … Taunt? Workplace Bullying and Harassment
Fall has arrived! The leaves are changing colours, families are stockpiling Halloween candy (some of which will actually last long enough to be distributed on the 31st), and warm knitwear is being dragged back out of the closet. But what is happening at your workplace? Are all of your employees “playing nice” with each other or do you have some ghouls in the group?
BULLYING ISN’T JUST FOR KIDS ANYMORE: ACTUALLY, IT NEVER REALLY WAS…
The recognition that bullying occurs far beyond the playground is now so widespread that an entire episode of The Simpsons was dedicated to the topic earlier this year. However, despite the recognition of its occurrence, even the most seasoned human resources professionals often still shy away from dealing with serious interpersonal conflicts between coworkers or between superiors and subordinates.
WHEN HARASSMENT IS NOT HARASSMENT
There is more and more discussion today about harassment and bullying in the workplace. This has led to assertions of harassment and bullying in situations even where the claims are unwarranted. Discipline is one of the most frequent areas where we see claims of harassment from employees – employees claim that they are being harassed but managers feel they are simply doing their job.
TOP 10 CONSIDERATIONS FOR WORKPLACE (AND THEREABOUTS) SEXUAL MISCONDUCT
Over the past year Jian Ghomeshi went from being the “King of Spain” to eating “Humble Pie” (if you are too young/old to know what this is referring to, search Moxie Früvous). Whether it’s the CBC or Bill Cosby, issues of sexual misconduct have been dominating the headlines. Even off-duty conduct is up for scrutiny – consider the worker who yells “FHRITP” to a reporter during a live broadcast or heckles a female comedian off the stage during a work party.
FALSE/UNFOUNDED ALLEGATIONS: WHAT ABOUT THE UNSUBSTANTIATED COMPLAINTS?
As long as there are harassment and respectful workplace policies that provide employees an opportunity to file complaints against their fellow employees, there will be, periodically, false or unfounded allegations. Employers can put themselves in a better position to avoid the liability associated with such false or unfounded allegations if they abide by the following:
Kathleen Leighton and Brittany Trafford Canada’s higher education institutions power innovation and contribute to economic growth through research and development efforts, collaborations with government and industry and the provision of world-class educational programming to develop…Read More
Jennifer Taylor The case of Lorne Grabher and his personalized “GRABHER” license plate has grabbed many headlines. Mr. Grabher (“Applicant”) launched a constitutional challenge after Nova Scotia’s Registrar of Motor Vehicles cancelled his personalized…Read More
David Randell and David Slipp With a number of economic indicators showing headwinds ahead, purchasers and vendors are likely to have a more challenging time agreeing on a target company’s valuation. In these cases, parties…Read More
Kathleen Leighton The Canada-European Union Comprehensive Economic Trade Agreement (“CETA”) includes mobility provisions between Canada and European Union (“EU”) member states, providing a useful route for investors, contractual service providers, independent professionals, intra-company transferees, and…Read More
We are pleased to present the second installment of Beyond the border, a quarterly publication aimed at providing the latest information to clients about new programs and other immigration-related information that may be pertinent to employers…Read More
Jennifer Thompson Nova Scotia’s Premier’s Office has today made an unexpected announcement regarding several changes to be made to Nova Scotia’s minimum wage and partial hours rules, with effect from April 1, 2020. Additional increase…Read More
Dante Manna The Nova Scotia Government is seeking input by way of public survey or written submissions on proposed changes to family property law that would, among other things, affect pension division between former spouses.…Read More
Atlantic Canada experienced a number of legal developments in 2019 that regional employers should be aware of as they plan for the year ahead. Click the image below to read our 2019 year in review,…Read More