Legal Words

What’s happening in this #MeToo era?

By Melanie Reist

 

Last month, I spoke to a group of senior human resource professionals from the Waterloo Region on workplace investigations.

Frustration defence not available when employer doesn’t accommodate employee

By Malcolm MacKillop and Hendrik Nieuwland

 

The doctrine of “frustration of contract” holds that if an unforeseen event or circumstance arises that renders the contract fundamentally different in character from what

10 mistakes that mediators should avoid

By Peter Israel

 

Whether due to mandatory mediation in certain jurisdictions or parties’ general desire to find an alternative to courts and the litigation process, mediation is increasingly being used to resolve employment law and other legal disputes.

Up close and personal

By Sheryl L. Johnson

 

We have all heard men describe the workplace climate during and following the initial foray of the #MeToo movement as being a “scary place for a man.” This was particularly the case when they witnessed the spike in the number of sexual harassment allegations being made, including those from decades prior.

How to support employees for success

 

One of the most sensitive and difficult issues that human resources professionals grapple with on a daily basis is how to accommodate employees with disabilities in the workplace. Interestingly, however, the topic remains a grey area, leaving many questions unanswered. How much is too much medical documentation? What can you ask for? What should you do to meet your duty to accommodate? At what point does the accommodation process itself become discriminatory?

Nine things you need to know about harassment investigations

By Randi Chapnik Myers, LL.M, Dr. Stephanie Bot, C. Psych. and Donna Marshall, M.A.

 

When HR professional Morgan Endral transitioned into a senior role in her organization, she discovered she had inherited an unresolved harassment complaint lodged by a female executive assistant against her male supervisor.