Tag: employer

At Work, Play Nice

In last season’s finale there was the following brief, fiery exchange between Kelly and Gabe. She was interviewing for branch manager, and he was doing a poor job of pretending to take her seriously. Gabe: “What are your weaknesses?” Kelly: “I don’t have any, asshole!” This raises the question: Is civility in the workplace important? […]

No Separate Duty of Fair Treatment in Accommodation in British Columbia

By David G. Wong The British Columbia (BC) Supreme Court, in Emergency Health Services Commission v. Cassidy, has recently confirmed that a BC employer’s duty to accommodate doesn’t extend to including a freestanding procedural requirement that the employer treat the employee fairly, and with due respect for his dignity, throughout the accommodation process. Facts At […]

Praying in the Workplace

A recent case from the federal trial court in Gulfport, Mississippi, dealt with a certified nursing assistant (CNA) who claimed she was discriminated against based on religion. She alleged that she was subjected to a hostile work environment and fired for reporting religious harassment. The court discussed some interesting points in its decision. Facts Shira […]

Shhh — It’s a Secret

It’s official. James Spader’s uber-intense character, Robert California, is going to be the new big boss on The Office. My colleague, Kristin Gray, excitedly revealed this news in her post two weeks ago. Kristin, its seems, was a fan of Spader’s character on Boston Legal, which I applaud her for admitting on the Internet. For […]

Employer’s Obligation to Make Inquiries in the Duty to Accommodate Confirmed

By Mark Colavecchia The duty to accommodate is one of the most difficult issues Canadian employers regularly face. While courts across the country have attempted to define the scope of an employer’s legal obligations with a workable degree of certainty, the practical application of the duty to accommodate remains complex and problematic. The issue is […]

Canadian Decisions Blur Distinction between Employees and Independent Contractors

By Ralph Nero and Keri Bennett Employers in Canada have typically understood employees and independent contractors to fall into distinct legal categories. However, recent court and labor board decisions indicate that the traditional definition of “employee” continues to expand. Ontario court interprets health and safety obligations In Ontario (Labour) v. United Independent Operators Limited, Ontario’s […]

Fox and Found

Litigation Value: Squiggle Quips = $3.95 per package; delicious dinner without your wallet = an embarrassing (and defamatory) mugshot on the restaurant wall; finding out Angela publicly joked about urinating on Gabe = priceless. Last night provided us with an evening of reruns, but I love The Office and have been known to watch episodes […]

Employer Has More Latitude than Police to Search Teacher’s Porn-Laden Laptop

By Maria Giagilitsis and Brian Smeenk In a decision released earlier this week, the highest court in Canada’s most populous province, Ontario, issued a surprising ruling on workplace privacy law. The case involved criminal charges against a teacher accused of possession of child pornography. The court said the employee has a reasonable expectation of privacy […]

Supreme Court Rules Oral FLSA Complaints Are OK

Today, in a 6-2 decision, the U.S. Supreme Court held that the Fair Labor Standards Act’s (FLSA) antiretaliation provision protects not just written complaints but also oral ones. The Court noted in its opinion that it heard the case because of a conflict in the circuit courts over whether oral complaints were protected. In Kasten […]

Saying Goodbye

It’s “déjà vu all over again” for this blogger, who already saw and wrote about tonight’s episode of The Office — both when it was being filmed and as it later aired. What then to post? Well, for good or ill, recent events in the broadcasting world have shed light on an important and recurring […]