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The ‘Ministry’ will investigate complaints of harassment… Really??!!
Send to Kindle“The new legislation protects us from harassment, bullying. The Ministry will investigate and there is now zero tolerance for it.” Taking a respite from the heat wave that affected most...
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Scaffolding accident involving migrant workers: charges with fines of up to...
Send to KindleImage taken from: www.thestar.com/ The Ministry of Labour just laid charges carrying fines of up to $17,000,000 against two companies that ran and supplied a platform that collapsed last...
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Employer performed unauthorized credit checks on employees
Send to KindleI recently read an investigation report from the Alberta Office of the Information and Privacy Commissioner, where an employer made a big mistake and ended up violating the privacy of at...
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Organization fined for violating OHSA after a worker was injured
Send to KindleThe Ontario Ministry of Labour recently emailed their latest Court Bulletin indicating that a company that makes plastic auto parts received a hefty fine of $50,000 for violating the...
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‘Invitation to harass?’
Send to KindleBy now, most of us have heard about a controversial decision of the Manitoba Court of Queen’s Bench in which Justice Robert Dewar sentenced a man found guilty of sexual assault to a two...
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What is happening at the Apple Inc. factory, Foxconn, and how does it affect us?
Send to KindleImage: www.telegraph.co.uk I have read several articles in the last week regarding Apple Inc.’s manufacturing in China, through the company Foxconn. Perhaps it is time for us to take a...
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Does an employee have the common law right to procedural fairness in the...
Send to KindleImage: www.happyworker.comIt is assumed by most H.R. professionals that employees are entitled to procedural fairness and, in particular, to be advised as to the reasons for dismissal...
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Is driving a bus unsafe? It depends who you ask….
Send to KindlePublic transit is an integral part of Canada’s national transportation system and as such, the safety of bus drivers is federally regulated under the Canada Labour Code (“CLC”), (as well...
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The courts giveth, and the courts taketh away
Send to KindleThe law of employment, like every area, is always evolving. This often works to the consternation of both employers and employees, who would like to have a sense of certainty regarding...
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Three popular articles this week on HRinfodesk
Employer paid the price for hasty termination The Supreme Court of British Columbia has determined that the appropriate notice period for a terminated employee with seven years of service to the...
View ArticleChanges to the Canada Labour Code: Work refusals and narrower definition of...
The federal government has fixed October 31, 2014, as the date that Division 5 of Part 3 of the Federal Economic Action Plan 2013 Act, No. 2 (formerly Bill C-4) will come into force. Division 5 of Part...
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Duty to conduct workplace investigations increasing
In recent years, there has been a dramatic increase in the role of investigations within HR and employment law. It is well-established that employers have a duty to investigate allegations of...
View ArticleLessons from the Saanich spyware fiasco and new privacy laws to be aware of
In our current information age, security over electronic information and protection against unauthorized access is foundational to employers’ businesses. To guard against endlessly multiplying...
View ArticleBill C-13: Lawful access and the relationship between organizations,...
On December 9, 2014, Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act (Act) – also known as the...
View ArticleStoring data in Canada won’t necessarily shield it from US scrutiny
Two recent decisions emphasize that data seized in Canada by Canadian authorities is nevertheless subject to investigation by foreign, and in particular American authorities. Storage of data in Canada...
View ArticleInvestigator plus lawyer = privilege?
There may be times when it makes sense to try and establish a solicitor-client relationship with an external investigator, and these tips will help you do this effectively. However, in other cases...
View ArticleConducting an internal investigation? Here are 4 things to consider
Many internal investigations (such as harassment claims, fraud, misuse of company assets, etc) often involve the use of digital devices and may require a forensic analysis of those devices to find...
View ArticleStarting an investigation when no one asked (or wanted) you to
Somewhere between going on an ill-advised “fishing expedition” and commencing a clearly defined investigation of a formal complaint, lies a grey area rife with uncertain legal obligations and sticky...
View ArticleImpact of digitized environments & modern workplaces on internal investigations
One of the hallmarks of a successful investigation is rooted in the expression “knowing what you don’t know.” An experienced investigator knows a lot about a lot of things – different types of fraud,...
View ArticleCommissioners’ joint investigation on use of facial recognition technology
On October 29, 2020, the Office of the Privacy Commissioner of Canada announced the findings of a joint investigation by Office of the Privacy Commissioner of Canada, Office of the Information and...
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