EI Clawback – Raise It or Not ?
This is a follow up from my post dealing with the role of the mediator – should they keep quiet or speak up when dealing with an issue that has…
Employment Law Claims in Bankruptcy
The recent bad news at Hudson’s Bay has again caused a review of the rights, or lack of them, of employees who have been terminated due to the insolvency. In…
Suing for Workplace Sexual Harassment – or Human Rights ?
There has been much debate as to the best forum for advancing a claim for workplace sexual harassment. The administrative process by means of the relevant statute is certainly the…
The Mediator’s Role re Defect in Pleading – or Minutes
At a recent mediation, it occurred to me that one party had missed an important issue in the case. What then is the duty of the mediator ? This may…
Summary of Exceptional Damage Awards post Honda
Case Shown in Date Order Details Aggravated Other Claims Punitive Appellate Decisions in Bold The narrative reviews of aggravated damages and punitive damages are found as noted. Awards for unfair…
When is a Deal not a Deal ?
Often when concluding a settlement agreement, it is late in the day. The participants are eager to cement the deal and go home. Issues such as a release, a…
Requirement of a Companion Action for Human Rights Relief in Civil Proceeding
The Statute As is well known, Ontario amended its legislation effective June 30, 2008 to allow for civil proceedings to seek a remedy under the Human Rights Code where there…
Employer Vaccine Leave Policy Fair
A recent decision of the Alberta Court of Justice has considered the question of whether (1) the employer’s covid mandatory vaccination policy was reasonable and further (2) whether the company’s…
Decisive Action by Employer Avoids HR Complaint
A recent decision of the Alberta Human Rights Tribunal offers a clear analysis of the duty of the employer to maintain a workplace free of discrimination. In this instance, the…
Real World Book on Employment Dispute Mediation
Fisher's book on mediation is a must have for practitioners of the art form of employment law dispute settlements. It is available at www.barryfisher.ca.