Does Discrimination In Employment Only Occur When There Is A Power Imbalance?
by Christopher C. Rootham on October 14, 2016
On October 13th, the Supreme Court of Canada granted leave to appeal the B.C. Court of Appeal’s decision in British Columbia Human Rights Tribunal v Schrenk. By granting leave to appeal, the Court is going to weigh in on the extent to which discrimination in employment is predicated on there being a power imbalance between the perpetrator and the victim of harassing behaviour.
In this case, the complainant, a civil engineer, was the site representative of a consulting engineering firm serving as the contract administrator on a project. In that capacity, he supervised the work done by the sub-contractor. The respondent was a site foreman employed by the subcontractor. The respondent made derogatory statements to the complainant and others with respect to the complainant’s place of birth, religion, and sexual orientation. The respondent followed up with derogatory emails sent directly to the complainant.
Five Grievance Mistakes and How to Avoid Them
by Sean T. McGee on October 7, 2016
It might seem simple, but keeping these rules in mind when deciding to file a grievance can avoid a lot of trouble down the road.
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Federal Court Ruled That The Only Toxic Thing At The CRTC Was The Investigator's Stinking Report
by Andrew Reinholdt on September 30, 2016
The Federal Court recently overturned a finding of harassment against a CRTC commissioner because of bias. In Shoan v Attorney General (Canada), the CRTC ordered a harassment investigation after a staff member accused Commissioner Raj Shoan of harassing her via email. While the alleged harassment concerned seven email exchanges between the complainant and Commissioner Shoan, the investigator examined an incredibly broad array of emails and incidents, to determine whether Commissioner Shoan had created a “toxic work environment", based in part on comments that the CRTC’s Chairperson made to the investigator. The Chairperson and Commissioner Shoan had a poor working relationship and openly disagreed about CRTC policies.
For Your Eyes Only - Privacy and Digital Technology
by Paul Taylor-Sussex on September 21, 2016
With the proliferation of new technology and how entwined it is in our lives, the courts have recognized the need to protect personal privacy in the workplace. When it comes to the electronic devices we use at work, however, the law is still developing.
A recent arbitration decision has gone some way to clarify the issue. The Ontario Grievance Settlement Board decision Association of Management, Administrative and Professional Crown Employees of Ontario (Bhattacharya) v Ontario (Government and Consumer Services) concerned an employee who worked at a branch of the Ministry of Government Services. In 2012, a series of anonymous emails were sent to various individuals in the government alleging significant unethical conduct on the part of the employee’s Branch Director. In July 2012, a USB key was discovered, which was later found to belong to the employee. On inspection, the key contained draft emails and other files associated with the anonymous emails, as well as over one hundred confidential government documents. As a result of this discovery, the employee was terminated.
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It's All In Your Head! When Should You Report A Head Injury?
by Peggy King on August 31, 2016
A workplace head injury is one of the most serious of all on-the-job injuries. A blow or a jolt to the head can disrupt the normal function of the brain. This is called a brain injury or concussion. The severity of the injury may not be initially evident, therefore it should be reported right away to your employer and the Workplace Safety and Insurance Board (WSIB).
Every brain injury is different, which means that some symptoms appear right away while others may not show up for days or weeks. Depending on the symptoms, this may make it difficult for people to realize that they are experiencing difficulties. Just as symptoms can be different, so can recovery times, which can last for days, weeks or longer.