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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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Client Update: SCC issues major decision affecting federal employers: Wilson v. Atomic Energy of Canada Limited

July 15, 2016

On July 14, 2016 the Supreme Court of Canada issued a significant decision affecting federally regulated employers across Canada. In Wilson v. Atomic Energy of Canada Limited the Court held that the purpose of the unjust dismissal…

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Client Update: Requirement to register as a mortgage brokerage and mortgage administrator in New Brunswick

July 7, 2016

On April 1, 2016 New Brunswick’s Mortgage Brokers Act came into force, requiring businesses acting as mortgage brokerages or as mortgage administrators in New Brunswick to be licensed. A mortgage brokerage is a business that on behalf…

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Copyright does not monopolize facts – documentary filmmakers’ claim against book author and publisher fails

June 29, 2016

In May 2016, the Federal Court of Canada confirmed that copyright does not protect facts, even where a book’s author is clearly inspired by the content of a film (Maltz v. Witterick, 2016 FC 524 (CanLII)).…

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Solicitor-client privilege vs the Canada Revenue Agency: the SCC speaks

June 10, 2016

By Jennifer Taylor “…firms of notaries or lawyers…must not be turned into archives for the tax authorities”1 So says the Supreme Court of Canada in one of two highly anticipated decisions on solicitor-client privilege, offering lawyers…

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Why can’t we be friends?: Lessons on corporate dissolution from Smith v. Hillier

May 30, 2016

Joe Thorne1 and Clara Linegar2 As joint owners of a business, what do you do when the business relationship falls apart? And what if one owner undermines the business in the process? In Smith v Hillier,3 Justice Paquette…

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Client Update: Supreme Court of Canada dismisses appeals in punitive damages cases

May 26, 2016

The Supreme Court of Canada has dismissed the appeals in Bruce Brine v. Industrial Alliance Insurance and Financial Services Inc.1 (with costs) and Luciano Branco, et al. v. Zurich Life Insurance Company Limited, et al.(without costs). Both of…

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Client Update: Pension update: Countdown to Nova Scotia Pooled Registered Pension Plans

May 17, 2016

On May 4, 2016, the Nova Scotia Pooled Registered Pension Plans Act (“PRPP Act”) was proclaimed in force, and finalized Pooled Registered Pension Plan Regulations were released. While there were no major changes from the previously released draft regulations, the proposed rules…

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Pension Primer: Pooled Registered Pension Plans (“PRPPs”) in Nova Scotia

April 22, 2016

By Level Chan and Dante Manna Pooled Registered Pension Plans (“PRPPs”) are closer to becoming a reality for Nova Scotian employers. PRPPs were established by the Federal government in an effort to address the lack of retirement savings…

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Client Update: Perrin v Blake reaffirms the law on contributory negligence and recovery of damages

April 14, 2016

In a case where there is a contributorily negligent plaintiff and two or more negligent defendants, can the plaintiff recover 100% of her damages from any of the defendants? The answer in Nova Scotia is…

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Client Update: Interest arbitration changes for New Brunswick postponed for further study

April 11, 2016

On Friday, the Province of New Brunswick announced that it would not proceed at this time with the recently proposed changes to binding interest arbitration. The Province announced that a joint labour management committee will be struck to examine…

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