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Atlantic Employers’ Counsel – Fall 2015

THE EDITORS’ CORNER

Michelle Black and Sean Kelly

Trick, Treat or … Taunt? Workplace Bullying and Harassment

Fall has arrived! The leaves are changing colours, families are stockpiling Halloween candy (some of which will actually last long enough to be distributed on the 31st), and warm knitwear is being dragged back out of the closet. But what is happening at your workplace? Are all of your employees “playing nice” with each other or do you have some ghouls in the group?

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BULLYING ISN’T JUST FOR KIDS ANYMORE: ACTUALLY, IT NEVER REALLY WAS…

Ellen Oakes Thompson

The recognition that bullying occurs far beyond the playground is now so widespread that an entire episode of The Simpsons was dedicated to the topic earlier this year. However, despite the recognition of its occurrence, even the most seasoned human resources professionals often still shy away from dealing with serious interpersonal conflicts between coworkers or between superiors and subordinates.

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WHEN HARASSMENT IS NOT HARASSMENT

Stephen Carpenter, CHRP and Patti Wheatley

There is more and more discussion today about harassment and bullying in the workplace. This has led to assertions of harassment and bullying in situations even where the claims are unwarranted. Discipline is one of the most frequent areas where we see claims of harassment from employees – employees claim that they are being harassed but managers feel they are simply doing their job.

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TOP 10 CONSIDERATIONS FOR WORKPLACE (AND THEREABOUTS) SEXUAL MISCONDUCT

Twila Reid

Over the past year Jian Ghomeshi went from being the “King of Spain” to eating “Humble Pie” (if you are too young/old to know what this is referring to, search Moxie Früvous). Whether it’s the CBC or Bill Cosby, issues of sexual misconduct have been dominating the headlines. Even off-duty conduct is up for scrutiny – consider the worker who yells “FHRITP” to a reporter during a live broadcast or heckles a female comedian off the stage during a work party.

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FALSE/UNFOUNDED ALLEGATIONS: WHAT ABOUT THE UNSUBSTANTIATED COMPLAINTS?

Rick Dunlop

As long as there are harassment and respectful workplace policies that provide employees an opportunity to file complaints against their fellow employees, there will be, periodically, false or unfounded allegations. Employers can put themselves in a better position to avoid the liability associated with such false or unfounded allegations if they abide by the following:

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Labour & Employment podcast episode #2: “The Federal Pay Equity Act and Regulations”

August 3, 2021

In the second episode of our labour and employment podcast, Workplace Issues in Atlantic Canada: A Legal Perspective, host and practice group leader Rick Dunlop speaks with Annie Gray and Dante Manna about the Federal…

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Volleyball coach reinstated after recruiting student athlete charged with sexual assault

July 30, 2021

Included in Discovery: Atlantic Education & the Law – Issue 08 Clarence Bennett It is increasingly difficult to reconcile the rights of a student charged with sexual assault, with the rights of the victim, along…

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In the strictest confidence: reviewing confidentiality clauses with a view to fostering engagement and limiting risk

July 28, 2021

Included in Discovery: Atlantic Education & the Law – Issue 08 Jacob Zelman Striking the proper balance Public discourse around instances of sexual violence is at an all-time high. In the wake of the #MeToo…

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Liability for online misconduct: do new torts mean increased risk for universities?

July 26, 2021

Included in Discovery: Atlantic Education & the Law – Issue 08 Nancy Rubin, QC and Jennifer Taylor   More than ever, many of our meetings, classes, presentations and personal communications are happening virtually. With this…

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Corner Brook (City) v. Bailey: Canada’s top court clarifies the law of releases

July 23, 2021

Erin Best and Giles Ayers   Earlier today the Supreme Court of Canada released a unanimous decision in Corner Brook (City) v. Bailey. The case was successfully argued by Erin Best and Giles Ayers of…

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I have trust issues – pension plan trust claim priorities in bankruptcy in Anthony Capital Corporation (Re), 2021 NLSC 91

July 23, 2021

Joe Thorne, with the assistance of Stuart Wallace (summer student) In a bankruptcy, there is inevitable conflict between all manner of creditors with competing claims. Our federal and provincial legislatures have identified certain claims as…

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Making the grade or failing to accommodate: a case study

July 23, 2021

Included in Discovery: Atlantic Education & the Law – Issue 08 Lara Greenough In the recent decision of Longueépée v University  of Waterloo, 2020 ONCA 830, the Ontario Court of Appeal found the University of…

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Mandatory vaccines in the workplace

July 21, 2021

Included in Discovery: Atlantic Education & the Law – Issue 08 Sheila Mecking and Evan MacKnight More than a year has passed since the Coronavirus disease (“COVID-19”) arrived in Atlantic Canada and caused all in-person…

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Federal pay equity comes into force August 31, 2021

July 8, 2021

Annie Gray and Dante Manna The federal government has announced that the Pay Equity Act (“Act”) will come into force on August 31, 2021. It has also published the final version of the Pay Equity Regulations (“Regulations”), to come into effect on the…

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Nova Scotia: a place to call home for businesses and immigrants alike

June 28, 2021

Sara Espinal Henao Nova Scotia is thriving. Having reached an all-time population high of 979,115 in 2020 and established itself as a start-up center and a top location for businesses, the province is poised for…

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