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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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Halifax lawyers create a resource for STEP Canada outlining temporary estate document signing protocols by province during the COVID19 Pandemic

April 27, 2020

Halifax Partners Richard Niedermayer, TEP, Secretary, STEP Canada, and Tim Matthews, QC, TEP, and Articled Clerk Madeleine Coats, have prepared a useful resource for STEP Canada members outlining the options in place for having estate…

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Update on Newfoundland and Labrador variation of limitation periods and statutory timelines during COVID-19 pandemic

April 27, 2020

Joe Thorne In our update on April 2, 2020, Newfoundland and Labrador passes law to allow variation periods and statutory timelines during COVID-19 pandemic, we reported on Newfoundland and Labrador’s passage of the Temporary Variation…

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Think: roadmap to recovery – Saskatchewan’s re-open plan is worthy of consideration

April 24, 2020

Rick Dunlop The question on many businesses’ mind is when and what exactly does an end to the COVID-19 lockdown look like. The Economist describes various European government’s easing of COVID-19 restrictions as being done…

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Enhanced scrutiny of foreign investments during COVID-19

April 24, 2020

Burtley Francis In a statement issued on April 18, 20201, the federal government (through Innovation, Science and Economic Development Canada) signalled that certain foreign investments into Canada will now face enhanced scrutiny under the Investment…

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An update on the impacts of COVID-19 on the tax dispute resolution process

April 21, 2020

Stephanie Stapleford and Allison Whelan,LL.M In a previous Thought Leadership piece, “Tax update – response to COVID-19” (26 March 2020), we reviewed the Federal COVID-19 Emergency Response Act and provided an update on operational changes…

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Did the Government of New Brunswick pave the way for employees to refuse to work during the State of Emergency?

April 20, 2020

Clarence Bennett, James LeMesurier, QC and Kathleen Nash On April 17, 2020, the Legislative Assembly of New Brunswick met for a quick sitting during which two new Bills were introduced and received Royal Assent within…

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Competition compliance risks during the COVID-19 crisis: Increased scrutiny of price-gouging and business collaboration

April 18, 2020

Burtley G. Francis and David Slipp During this unprecedented period of social isolation and economic uncertainty brought about by the COVID-19 pandemic, businesses are rapidly re-structuring their operations and adjusting their practices in order to…

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Think: Roadmap to recovery

April 17, 2020

Rebecca Saturley COVID-19 hit us all like a proverbial freight train. In a short period of time we all went from business as usual to the new normal. From social distancing to mass lay-offs to…

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Government passes COVID-19 Emergency Response Act, No. 2

April 13, 2020

(Updated) Peter McLellan, QC and Katharine Mack In a display of bi-partisanship, on Saturday, April 11 Parliament unanimously passed the COVID-19 Emergency Response Act, No. 2 and it received Royal Assent. In addition to other…

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Nothing “palpable” in Pentastar dispute: trademark case confirms rules for statutory appeals

April 13, 2020

Daniela Bassan, QC The Federal Court recently upheld the decision of the Registrar of Trademarks in a dispute over the registration and use of the PENTASTAR word mark in Canada, in Pentastar Transport Ltd. v.…

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