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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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Important updates announced to Canada Emergency Wage Subsidy program

April 9, 2020

Richard Jordan On April 8, 2020, the Government of Canada provided employers with further information about – and revisions to – the Canada Emergency Wage Subsidy (CEWS) program. Last week, the Government of Canada announced:…

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Business interruption insurance: recent decision may impact whether COVID-19 disruptions are covered

April 8, 2020

Colin D. Piercey, Joe Thorne and Sam Ward On March 25, 2020, we published an update setting out considerations for businesses impacted by the COVID-19 pandemic. In particular, whether business interruption may respond to these…

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The Government of PEI’s COVID-19 business adaptation advice program

April 8, 2020

The current COVID-19 outbreak presents considerable challenges for all businesses, large and small alike. In recognition of these challenges, the Government of PEI has developed the COVID-19 Business Adaptation Program (the “Program”). The program applies…

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Sportsmanship in dispute resolution: A recent decision of the Nova Scotia Supreme Court offers lessons that go beyond volunteer sport organizations

April 7, 2020

Killian McParland The Supreme Court of Nova Scotia recently released its decision in Warren v. Football Canada, 2020 NSSC 29 – a protracted legal dispute that began with a 15-year-old football player who was accidentally…

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Closing Folders: Supporting business continuity during COVID-19

April 7, 2020

Sadira Jan and James Gamblin Our Firm is currently using a program called Closing Folders that is designed to streamline transaction processes and provide better service to clients. In light of the COVID-19 Pandemic restrictions,…

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In-depth: economic response measures to COVID-19

April 6, 2020

*Last updated: April 9, 2020 Maurice Chiasson, QC , Sara Scott, P. Eng, Madeleine Coats and Justin Song (송진원) The provincial and federal governments are working in tandem to provide support to businesses during the…

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Estate planning during a pandemic: innovative practices for a challenging time

April 3, 2020

Richard Niedermayer, TEP The current COVID-19 pandemic and the resulting declarations of states of emergency, public health orders and national guidelines on travel, business openings, self-isolation and social distancing have affected everyone in Canada and…

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Newfoundland and Labrador passes law to allow variation of limitation periods and statutory timelines during COVID-19 pandemic

April 2, 2020

Joe Thorne On March 26, 2020, the COVID-19 Pandemic Response Act received Royal Assent. Among other things, that statute brought into force the Temporary Variation of Statutory Deadlines Act (the “Act”).1 The Act addresses concerns…

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Nova Scotia’s new Tourist Accommodations Registration Act

April 1, 2020

Brian Tabor, QC and Jennifer Murphy On April 1, 2020, Nova Scotia’s new Tourist Accommodations Registration Act and its regulations come into force, repealing and replacing the Tourist Accommodations Act. With the exception of those…

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Tax Planning: Warming up to the refreeze in a COVID-19-impacted economy

March 30, 2020

Stephanie Stapleford and Brent McCumber, P.Eng. In the span of mere months, COVID-19 has significantly impacted lives and livelihoods all over the world. The pandemic has affected individuals’ health, well-being and financial stability, and measures…

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