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Category Archives: Investigations

Latest Chapter in Employment Law: Drug Testing and Whistleblower Protection

In this edition of The Latest Chapter we discuss the Ontario Superior Court’s decision to deny an injunction against instituting random drug and alcohol testing at the TTC in Amalgamated Transit Union, Local 113 v Toronto Transit Commission and whether this decision will have broader implications with respect to random testing. We also discuss recent changes to the Courts of […]


What to do When Your CEO Goes Rogue: Hangout with Rudner MacDonald

Stuart and Cody on what to do when your CEO goes off the rails, creates mayhem, and nothing you do stops the downward spiral.   Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens in new window)


Top 10 Employment Law Developments of 2016

One might think that by the year 2017, employment law would be settled and there would be few, if any, issues that are unpredictable or where the law is “open to interpretation”. That would be wishful thinking; 2016 included its share of new developments, surprising court decisions, and significant legislative developments. The reality is that as social attitudes evolve, the […]


The Investigation Saga Continues

Sometimes I feel like a broken record (if you are old enough to know what that means), as I continue to tell our clients and anyone else who will listen that Investigations have become a key aspect of HR and HR Law, and Failing to investigate properly will expose organizations to substantial legal liability and bad PR. Two and a […]


Intolerance for Sexual Harassment in the Workplace Only Grows

A recent Canadian HR Law blog post discussed two events in two different parts of the continent that occurred within two days of each other: on September 7, we learned that the Fox media Corporation was ordered to pay $20 million to Gretchen Carlson, who has made allegations that she was subjected to sexual harassment. The following day, Bill 132 […]


The Perils of Workplace Romance: Hangout with Rudner MacDonald

Stuart discusses the risks of workplace romances, from both an employer and employee perspective. Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens in new window)


Just Cause for Dismissal: Teacher Fabricating Student Grades

The Ontario Court of Appeal has recently overturned the trial decision in Fernandes v. Peel Educational & Tutorial Services Limited, 2016 ONCA 468, finding that the private school did, in fact, have just cause to terminate the employment of Mr. Fernandes, a former teacher. The decision not only reverses the 12-month wrongful dismissal damage award, but alleviates the private school’s […]


Former executive director of HR files wrongful dismissal claim

My latest Canadian HR Law blog post discusses a recent high profile case that highlights and brings together two key aspects of employment law: harassment investigation, and summary dismissal. As recent headlines have confirmed, Todd Spencer, formerly the executive director of human resources and industrial relations at CBC, has filed a wrongful dismissal claim against CBC as a result of […]


Ghomeshi Verdict Should not Discourage Victims of Workplace Sexual Harassment

On this Thursday, March 24, all of the media attention, as well as the social commentary, relates to the verdict of not guilty in the trial of Jian Ghomeshi on several counts of sexual assault and choking. As a related topic, there has been discussion in recent weeks, and there undoubtedly will continue to be discussion, regarding what this means […]


Conducting an Investigation

Much has been written about the expanding role of investigations within the context of human resources and employment law. As my latest Canadian HR Law Blog post discusses, and as has been expressed on many occasions (here and here), courts expect that workplace investigations will be conducted thoroughly, fairly and expeditiously. The investigation must also be objective, and any suggestion […]


When Your Employee Gets Arrested

What is an employer to do when it discovers that one of their employees has been arrested? My latest First Reference Talks blog post addresses this tricky situation, where in many cases, the employer’s knee-jerk reaction will be to dismiss the employee, particularly where the charges relate to more unsavoury conduct. However, the law is clear that like most off-duty […]



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