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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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Taking stock: Quick reference guide for government initiatives

June 5, 2020

*Flowchart below last updated June 2, 2020 (Originally published April 14, 2020) Dante Manna With the passing of Bill C-14, the COVID-19 Emergency Response Act, No. 2 on April 11, 2020, the federal government has…

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Proposed extension of time limits under various legislation may create significant disruption to foreign investments

May 29, 2020

Burtley Francis Recently, the Government published for public comment draft legislation referred to as the Time Limits and Other Periods Act (COVID-19). The underlying purpose of the draft legislation, which was published on May 20,…

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Nova Scotia announces plan to re-open economy, new funding

May 27, 2020

Mark Tector and Katharine Mack The province of Nova Scotia announced today that most sectors of the economy may begin to reopen. Provincial grant funding was also announced to help businesses open safely, as well as…

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The Canada Emergency Commercial Rent Assistance program: COVID-19 economic response

May 21, 2020

Brian Tabor, QC, Ryan Baker, and Madeleine Coats On April 16, 2020, Prime Minister Justin Trudeau announced the beginning of a new piece to the COVID-19 federal economic response package – this time, in the…

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COVID-19 FAQ & Checklist

May 21, 2020

Chad Sullivan and Clarence Bennett As many employers resume operations during the ongoing pandemic, we have prepared a list of FAQs and a reopening checklist for businesses operating in Atlantic Canada. Do employers need to…

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Expert insights during COVID-19: an English viewpoint

May 20, 2020

Daniela Bassan, QC Using its COVID-19 Protocol, the English Technology and Construction Court (TCC) handed down remotely a decision about the role of experts in international arbitration and how multiple retainers by a global firm…

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“Won’t somebody please think of the children?”: Family status accommodation for employers during COVID-19

May 15, 2020

Ruth Trask On a typical, “normal” day in many Canadian households, adults leave home to go to work, and kids attend school or perhaps daycare. As we keep hearing, though, these are far from “normal”…

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Federal Court of Appeal confirms CRA deemed trust priority for unremitted HST – mortgage lenders beware

May 14, 2020

Maurice Chiasson, QC The Federal Court of Appeal released its decision in The Toronto-Dominion Bank v. Her Majesty the Queen on Apr. 29, 20201. This decision confirms the earlier ruling of the Federal Court in…

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New Brunswick employers returning to the new normal – what’s your plan?

May 13, 2020

Clarence Bennett and Chad Sullivan The May 8, 2020 announcement On Friday, May 8, 2020, the New Brunswick Government made a significant announcement that the province was moving into the second phase of NB’s four…

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think: forward in times of crisis

May 13, 2020

To our clients who have been innovating to protect our communities, from all of us here at Stewart McKelvey, we thank you and are proud of your efforts. As we grapple with the profound impact…

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