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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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The Retail Payment Activities Act: the federal government’s proposed regulation of retail payments for FinTech

May 27, 2021

Kevin Landry and Annelise Harnanan (summer student) In April 2021, the federal government introduced the draft Retail Payments Activities Act (“RPAA”) as part of Bill C-30, the Act to implement the 2021 federal budget. Under…

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New Brunswick regulator seeks input on revised proposed rule under Unclaimed Property Act

May 25, 2021

Christopher Marr, TEP and Level Chan with the assistance of Annelise Harnanan (summer student) On May 20, 2021, the New Brunswick Financial and Consumer Services Commission (“FCNB”) released a revised version of one of its…

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Nova Scotia Court of Appeal unwilling to affirm Charter right to testamentary freedom

May 21, 2021

Jennifer Taylor and Bhreagh Ross   The Nova Scotia Court of Appeal has overturned a decision that found a Charter right to testamentary freedom. Nova Scotia (Attorney General) v Lawen Estate¹ involved an appeal by…

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Introducing Stewart McKelvey’s Labour and Employment podcast

May 20, 2021

We are pleased to introduce our new labour and employment podcast, Workplace Issues in Atlantic Canada: A Legal Perspective. In this series, our labour and employment lawyers across the region will discuss hot topics affecting…

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Nova Scotia workers can now access paid COVID-19 sick days – “stay tuned for the details”

May 13, 2021

Rick Dunlop and William Wojcik On May 12th, 2021, the Government of Nova Scotia announced in a news release that it is implementing a COVID-19 Paid Sick Leave Program (“Program”) to support workers who must…

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Immigration options for entrepreneurs in Canada

April 26, 2021

Brendan Sheridan As Canada begins its economic recovery from the COVID-19 pandemic, immigration is playing an important role. While much of the focus has been on increasing the skilled workforce to fill gaps in the…

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Upcoming regulatory initiatives from the Federal Labour Program

April 19, 2021

Brian Johnston, QC, Killian McParland and Bhreagh Ross On April 6, 2021, Stewart McKelvey was advised by the Federal Labour Program that the Labour Program’s Forward Regulatory Plan 2021–23 (“Plan”) is now available and includes details and timing on 21…

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COVID-19 vaccination leave for employees

April 15, 2021

Mark Tector and Bhreagh Ross With vaccine rollout well underway across the country, employers should be aware of legislative changes that entitle employees to paid or unpaid time-off to receive the COVID-19 vaccine. Here are…

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The “dominant tide” comes in: cooperative federalism in the Reference re Greenhouse Gas Pollution Pricing Act

April 5, 2021

Jennifer Taylor and Bhreagh Ross   In the recent Reference re Greenhouse Gas Pollution Pricing Act (“GGPPA Reference”), the judges of the Supreme Court of Canada unanimously agreed that climate change is real and dangerous.…

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Beyond the border: Immigration update – March 2021

March 30, 2021

We are pleased to present the fifth installment of Beyond the border, a publication aimed at providing the latest information to clients about new programs and other immigration-related information that may be pertinent to employers of…

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