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Are workplace investigations required before dismissing employees for cause?

Workplace investigations have become substantially more common in recent years. In large part, this has been driven by statutory changes which mandate that employers must conduct investigations in certain circumstances (such as where allegations of harassment or violence are raised).

Vey Willetts LLP

Time to read 4 minutes read
Calendar August 13, 2021
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Good Friday, Easter and Passover in 2021

Good Friday and Easter Sunday coincide with the Jewish observance of Passover in 2021. Easter and the holidays that are related to it are moveable feasts in that they do not fall on a fixed date in the Gregorian or Julian calendars which follow only the cycle of the sun; rather, their dates are determined on a lunisolar calendar similar to the Hebrew calendar.

Ted Kenney

Time to read 6 minutes read
Calendar April 1, 2021
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Thanksgiving Day in Canada: Monday, October 12

In Canada, Thanksgiving is celebrated on the second Monday in October every year. This year, Thanksgiving Day is Monday, October 12.

Ted Kenney

Time to read 3 minutes read
Calendar October 9, 2020
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Good Friday, Easter and Passover in 2020

Good Friday and Easter Sunday coincide with the Jewish observance of Passover in 2020. Easter and the holidays that are related to it are moveable feasts in that they do not fall on a fixed date in the Gregorian or Julian calendars which follow only the cycle of the sun; rather, their dates are determined on a lunisolar calendar similar to the Hebrew calendar. It has come to be the first Sunday after the full moon that occurs on or soonest after 21 March, but calculations vary in East and West.

Ted Kenney

Time to read 6 minutes read
Calendar April 9, 2020
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The holiday party and workplace policies

The holiday season is fast approaching and organizations are planning their annual Christmas or holiday parties. The increased recognition that alcohol consumption at organization-sponsored events creates significant legal liability has had an impact on that traditional institution. And now, with the legalization of cannabis and the #metoo movement, added legal liabilities come into play.

Ted Kenney

Time to read 5 minutes read
Calendar December 4, 2019
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Workplace investigation alert – Injunctions in investigations: Do they ever work?

There is no question that workplace investigations are disruptive and difficult for the parties involved. Sometimes parties are removed from the workplace or their duties are modified. Complainants and respondents are often concerned about damage to their reputations and their careers once it is known that a complaint has been made, and that an investigation is being conducted. Can an investigation ever be shut down in anticipation of this disruption?

Rubin Thomlinson LLP

Time to read 5 minutes read
Calendar August 9, 2019
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Duty to accommodate may be triggered even when employee does not request accommodation

As we all know, employers are required to accommodate individuals to the point of “undue hardship” where the need for accommodation relates to a ground protected by human rights legislation, such as disability.

Rudner Law, Employment / HR Law & Mediation

Time to read 5 minutes read
Calendar April 5, 2019
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Bad behaviour and termination

The gut reaction of most employers when they have to deal with an employee who has behaved in an outrageous fashion is to terminate the employee in question without much inquiry into the background of the conduct.

Occasional Contributors

Time to read 3 minutes read
Calendar March 26, 2019
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When should an employer conduct a workplace investigation?

Under the common law, and specifically under Sections 25(2)(h) and 32.0.5 of the Occupational Health and Safety Act (Ontario), every employer has a duty to conduct a workplace investigation after an incident of workplace violence has allegedly occurred. In other words, if an employer gets a complaint about violence at work, or if the employer witnesses violence at work, it must conduct an investigation.

Jeff Dutton, Dutton Employment Law

Time to read 5 minutes read
Calendar September 21, 2018