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.

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:

• Canadian HR Professionals Association
• UNB - 2 Day Course https://www.unb.ca/cel/career/management-leadership/workplace-investigation.html
• InfoPowered Solutions (Kelly VanBuskirk) https://www.infopoweredsolutions.com/
• CorriganHR, ‘Introduction to Workplace Investigations’ The instructor is Devan Corrigan, contact: devan.corrigan@corriganhr.com

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.