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Employer did not Discriminate against Cocaine Addict Who was Dismissed for Cause
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 16 2017

In perhaps the most important human rights decision to date dealing with drugs in the workplace, the Supreme Court of Canada recently ruled that an


Social Media Risks in the Workplace
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 13 2017

Since the inception of Facebook in 2004, social media has occupied an increasingly important place in the day-to-day activities of citizens and


What Not to do When the OHS Inspector Arrives
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 12 2017

A recent decision in Ontario brings to mind what not to do as an employer when an Occupational Health & Safety (OHS) inspector or officer arrives at


Uninformed, Untrained & Unprepared: Ignoring Safety Laws Leads to Hefty Fine for Ontario Employer
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 12 2017

A security firm failed to show up to defend quasi-criminal, health and safety charges. Federal Force Protection Agency ("FFPA"), a company that


Ontario Employers Brace for Employment and Labour Legislative Shakeup The HR Space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 6 2017

May 23, 2017 marked the conclusion of a widely discussed consultation process on the state of labour and employment in Ontario with the release of the


Substantial Award Against Employer in Sexual Harassment Case Upheld on Appeal The HR Space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • May 29 2017

A trial judge awarded $60,000 in moral damages to an employee who was repeatedly sexually harassed by her co-worker. In Doyle v. Zochem Inc. (PDF


Probationary clauses: the devil is in the detail
  • Fasken Martineau DuMoulin LLP
  • Canada
  • May 24 2017

The legal effect of a probationary clause in an employment contract can be unclear depending on the facts of the case. The Supreme Court of British


La grève dans le secteur de la construction est-elle un cas de force majeure ?
  • Fasken Martineau DuMoulin LLP
  • Canada
  • May 23 2017

Bien qu’il soit difficile d’évaluer la durée du conflit, des retards dans la livraison d’un projet et des dépassements de coûts importants peuvent


The Limits of Employees’ Freedom of Expression during Collective Bargaining The HR Space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • May 16 2017

There is a wealth of case law limiting employers' freedom of expression during collective bargaining. But what about employees' freedom of expression


I Quit! Or Did I? The HR Space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • May 15 2017

A recent decision of the Ontario Superior Court of Justice - Johal v Simmons da Silva LLP (PDF), - should serve as a reminder that employers ought to