Sexual Harassment in the Workplace

Society struggles to prevent sexual harassment in the future, punish perpetrators and compensate victims. Sexual harassment is a major workplace problem. Usually, the victims are women. Canadian laws have been slow to solve the issue, but recent Tribunal awards have aimed to punish companies and compensate victims by awarding between $12,000 and $50,000 in proven …

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Human Rights Hard Proof

Many times I have found that what initially seemed to be a simple layoff was actually, after further investigation, a human rights violation. Also, there can be ongoing human rights violations when persons are merely marginalized at work as opposed to being laid off. Human Rights laws have a major impact on both employees and …

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Performance Assessments

Employers are often unhappy with an employee’s performance, be it in not meeting sales targets, or not being as efficient as they could be, or any other work-related reasons. This is why companies choose to lay off most employees, work concerns. But if the concerns allow the employer to avoid paying notice is the key …

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What is Just Cause?

Many people find themselves asking, just what is Just Cause? Just Cause is a legal term which means that if an employee is terminated based on their own misconduct then their employer need not pay them any notice. Effectively the employee has breached the contract of employment by their actions and so their employer has …

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Independent Contractors Can Be Owed Notice

In a world of increasing contract and part-time work, many people believe that they are not entitled to receive notice due to termination of their contact because they are independent contractors. However, the law is clear that in some instances those labelled as independent contractors can be entitled to notice. Many Independent Contractors Are Actually …

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Can My Employer Terminate Me While On Disability Leave?

Employers sometimes attempt to cancel their contracts with employees who have been on Long Term Disability (LTD) for a long period of time. When this occurs they often rely on the principle of frustration of contract. Principles of Frustration of Contract Frustration of contract is an ancient contract law principle. In situations where an intervening …

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Wrongful Dismissal and Employment Insurance

A question that often arises is whether terminated employees should apply for Employment Insurance (EI) when they believe that they might have an outstanding claim against their employer for wrongful dismissal. What is EI? Employment Insurance can be a very helpful bridge for those who have been terminated since depending on the number of qualifying …

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