Tape Recording Workplace Discussions

It has become very easy to tape record discussions with a click of the smartphone. Many people think it is a good way to prove workplace abuse or a hostile work environment. Is This Legal? This discussion should start, but not conclude with the Criminal Code. It is certainly criminal conduct to tape record a […]

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Employer’s Right of Suspension

The leading decision on this issue comes from the Supreme Court of Canada[1]. In this case, the Court determined that a suspension without pay would in most cases be a breach of the employment relationship unless such conduct was based on either an express or an implied term of the contract. Recent Law The Ontario […]

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Employer Liability for Workplace Human Rights Violations

The General Rule Ontario’s Human Rights Code makes the employer liable for workplace human rights abuse for most of the human rights protected by the legislation[1]. The dramatic exception is sexual harassment. The Exceptions to the Exception Who is in Charge This being said, the employer may still be responsible for a sexual harassment case […]

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The Right to Unplug

The newly amended Employment Standards Act may have created a context in which an employee may legally be able to disconnect their phone from the demands of the office. There is some precedent for this. European countries such as France passed a law allowing employees to turn off their devices when not officially at work. […]

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