Search

Atlantic Canada Employment Law - Spring Tune-up

As we move past the pandemic and return to more normal issues around employment, recently we welcomed Kelly VanBuskirk, of Lawson Cream, for a valuable interactive discussion with EMC member companies.

Featured

As we move past the pandemic and return to more normal issues around employment, recently we welcomed Kelly VanBuskirk, of Lawson Cream, for a valuable interactive discussion with EMC member companies.

The purpose of the event was to create awareness of current trends and understand the value of a proactive approach through observation of 2021 cases, as well as ‘considerations for smart business people’.

Key takeaways from recent labour, employment and human rights cases heard in 2021:

  • In many cases, unions will be required to advance members human rights and OHSA complaints as collective agreement grievances.
  • Employers have a duty to investigate workplace harassment and violence allegations, when and how you do your investigations matters!
  • Discourage litigation and focus on conflict resolution, where possible, by asking the following questions: • What are we really trying to protect? • How much will this fight really cost? • If we win, will we really win?
  • "Discrimination doesn't happen in your business" - 60% of Canadian Workers have reported being harassed. Don't turn a blind eye to this.
  • Age of Regulated Self Regulation - Employers have a duty to investigate workplace harassment and violence. You must have policies in place to investigate.
  • Focus on conflict resolution - it's almost never about the money for the employee.
  • Teasing vs Harassment - educate your workforce.

Trends in Settlement:

  • NDA are on their way out (victim will not sign agreement)
  • "Quick and Dirty" settlements are less frequent
  • Social Media Disparagement is in
  • View themselves representing a larger group, ie. Racial
  • Multiple Forum Claims - Common Law, OHSA, ESA, courts approving to go to multiple
  • "From away" Lawyers

Cases reviewed – Source for reference: https://www.canlii.org/en/

  • Slater v Halifax Herald
  • Francis v BC Min of Justice (Race Discrimination / Significant Mental Injury $1M)
  • Northern Regional Authority v. Horrocks (Union/Human Rights Complaint/OHS)
  • Banda v Canada (Failed to do proper investigation and went back into litigation)
  • Headly v City of Toronto (accused of stealing money - awarded $65K)
  • AB v Cooksville Hyundai (Employer is on the hook for shoddy investigation)
  • Boucher v Walmart

Workplace Investigation Skills within your organization are essential. If training is required, ensure it is recognized, credible and Canadian based.

Resources:

Thank you again to our presenter, Kelly VanBuskirk, and to those who participated in this interactive event. For more information on this event, or upcoming events please reach out.

EMC
Your email has been sent!

Your email has successfully been sent, we will get back to you as soon as possible!

Sign up for our newsletter
© EMC Canada 2022
Expertly made by BlackBean