Bullying and harassment in the workplace: lessons from the Miami Dolphins

December 01, 2013 0 COMMENTS

By Kyla Stott-Jess

The professional sports world has been buzzing with the sudden departure of offensive tackle Jonathan Martin from the Miami Dolphins. His midseason exit from the team comes amid allegations that he was the victim of harassment and bullying.

The scandal has given the public a glimpse behind closed locker-room doors, into the testosterone-fueled “workplace culture” of professional football—a culture rife with hazing, teasing, and, in this particular instance, aggressive and targeted harassment of a young player. While Martin’s alleged harassment will be dealt with under U.S. laws, his situation draws attention to issues faced by Canadian employers. read more…

Expansion of workplace harassment and violence reprisal complaints?

June 02, 2013 0 COMMENTS

By Rosalind H. Cooper

Most occupational health and safety statutes across Canada contain provisions that prohibit employer reprisals for workplace health and safety matters. While the outcome of complaints made by workers regarding employer reprisals is always fact specific, employers had been taking comfort from several recent decisions.

Those decisions suggested that complaints regarding employer reprisals in relation to allegations of workplace harassment couldn’t be sustained under health and safety legislation. However, a recent decision of the Ontario Labour Relations Board in Ashworth v. Boston Pizza, where an employee was terminated after her manager allegedly confronted her in an angry manner, has changed this view. read more…

Slapping incident not enough to terminate employee for cause

February 03, 2013 0 COMMENTS

By Karen Sargeant

We all know proving cause for termination in Canada is difficult. Poor performance rarely equates to cause. And employees seem to be entitled to warnings in most cases. But surely it is cause if an employee slaps another. Not so, according to one Ontario judge in Shakur v. Mitchell Plastics. read more…

Adding Insult to Injury: Canada’s ‘Vexatious’ Harassment Laws

September 11, 2011 0 COMMENTS

By Julia Kennedy and Sean McGurran

Bullying isn’t just a problem on the playground anymore. Eventually the bullies grow up and get jobs. Now Canadian employers are seeing more laws dealing with harassment in the workplace.

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Don’t Get Tangled Up in Duct Tape: Lessons for Employers

June 14, 2010 1 COMMENTS

By Ida Martin and Brian Smeenk

The City of Mississauga was recently embarrassed by a video of two of its employees duct-taped together. They were squirming around on a table, taped by their hands, torsos, and feet. This was apparently a routine employee hazing. It was leaked to the media by an employee who had had enough. The case provides a good lesson in how employers should not handle such situations.

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Ontario’s Workplace Violence and Harassment Law Overreaches

May 19, 2009 0 COMMENTS

ACME Insurance Company employs 500 employees and managers at its Toronto head office. They work in a pleasant, some might even say tranquil, office environment. In the 50-year history of the company, there has never been any hint of violent behavior in the workplace. To the contrary, some people find it too quiet there.

Bawring, Bawring & Yawn is an old accounting firm in Ottawa, serving its faithful, established business clients. It has 30 employees and a dozen partners, many of whom have quietly worked together for decades.

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New Bill Introduced to Curb Workplace Violence and Harassment

May 05, 2009 1 COMMENTS

Ontario is looking to reduce violence and harassment in the workplace. To that end,
Bill 168, An Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace, received first reading on April 20, 2009. Bill 168, if passed, would amend the Occupational Health and Safety Act (OHSA).

The key components of Bill 168 are: read more…