Willson Lewis LLP Barristers and Solicitors

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Willson Lewis LLP Barristers and
Solicitors

• WORKPLACE RIGHTS AND RESPONSIBILITIESEmployee
  Rights and Employer Responsibilities

67 Mowat Avenue, Suite 346, Toronto, Ontario M6K
3E3, Tel [phone] Fax [phone]
www.willsonlewis.com
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Willson Lewis LLP BIOGRAPHIES

• CATHERINE E. WILLSON, B.A., LL.B., PARTNER
• A longstanding member of the Ontario Bar
  Association, Catherine E. Willson is a founding
  partner of Willson Lewis LLP, and has established
  a successful practice in employment law, civil
  litigation, equine, collections, construction,
  and family law. She was an executive member of
  the Canadian Bar Association (Ontario) Civil
  Litigation Section. She is also a member of the
  Advocates Society, the Association of Trial
  Lawyers of America, and the Toronto Construction
  Association. Catherine is both the Chairman of
  the Risk Management Committee and an Honourary
  Governor of the Royal Agricultural Winter Fair.
  Catherine is the legal expert for the Canadian
  Federation of Independent Business (Member
  Services) and is a regular speaker at legal and
  business conferences, an instructor at the
  University of Guelph, and writes on legal issues
  for several national publications.
• CRAIG A. LEWIS, B.A., LL.B., PARTNER
• Has been practicing employment law since being
  called to the Bar. He received his Bachelor of
  Laws degree from Queens University and was
  admitted to the Law Society of Upper Canada in
  1993. A member of the Ontario Bar Association,
  Advocates Society, Canadian Association of Black
  Lawyers and the Metropolitan Toronto Lawyers
  Association. Craig has been a speaker at Ontario
  Bar Association seminars concerning advocacy
  matters and has litigated at all levels of Court
  in the Province. In his employment practice,
  Craig has prepared employment contracts and
  independent contractor agreements. He has
  provided advice on hiring, terminations packages
  and wrongful dismissal claims. He has assisted
  clients in drafting employment policy manuals.
  Craig has extensive experience in responding to
  human rights complaints.

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Willson Lewis LLP BIOGRAPHIES

• MARLENE KAZMAN B.Sc., LL.B. - ASSOCIATE
• Marlene was called to the Ontario Bar in 1993,
  having received her LL.B. from the University of
  Western Ontario and completing her articles at
  one of the oldest law firms in Canada. Marlenes
  practice includes civil, matrimonial and
  construction lien law. Marlene has trial
  experience at all levels of Court in the Province
  of Ontario, and she is a member of the Ontario
  Bar Association and the Womens Law Association
  of Ontario. Marlene is a frequent contributing
  writer of legal information articles for the
  National Credit News.
• STEFANIE NAVASCUES, B.A., LL.B. - ASSOCIATE
• Stefanie Navascues was called to the Ontario Bar
  in 2003. After completing her articles with the
  Ministry of the Attorney General, Stefanie
  entered private practice as an associate in a
  boutique civil litigation firm. She has appeared
  before the Ontario Superior Court of Justice, as
  well as the Ontario Court of Justice and various
  administrative tribunals. Stefanie continues her
  practice in all areas of civil litigation.
  Stefanie is a member of the Ontario Bar
  Association, the York Region Law Association, and
  is also a member of the Ontario Trial Lawyers'
  Association. Stefanie is fluent in Spanish, and
  has a good working knowledge of French and
  Italian.
• AIMEE COLYER, B.A., LL.B. ASSOCIATE
• Aimee was called to the Ontario Bar in 2007.
  After completing her articles with Willson Lewis
  LLP, Aimee practised as an associate with two
  large Bay Street firms. In 2009, she returned to
  the firm to practice family law and civil
  litigation. Aimee is a member of the Ontario Bar
  Association.

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Our experienced counsel practice

• Civil Litigation
• dispute resolution
• court actions, applications, injunctive relief
• commercial disputes
• personal disputes
• mediation and arbitration

• Employment Law
• employment contracts and consulting agreements
• wrongful dismissal
• conflicts in the workplace
• termination packages

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Our experienced counsel practice

• Construction Law
• construction projects (general contract/project
  management/design build)
• preparation of construction contracts
• tender advice and resolution of disputes
• negotiation and litigation of construction
  disputes including lien actions and breach of
  trust issues

• Family Law
• divorce, separation, custody, support, property
  issues
• separation agreements
• cohabitation and marriage contracts
• settlement negotiation and mediation

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Our experienced counsel practice

• Equine Law
• Dispute resolution, litigation
• purchase and sale agreements, boarding agreements
  and leasing agreements
• co-ownership agreements and syndications

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WORKPLACE RIGHTS AND RESPONSIBILITIES

• Employee Rights and Employer Responsibilities

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RELEVANT LEGISLATION RE WORKPLACE CONDUCT

• Ontario Human Rights Code
• Canadian Human Rights Act
• Occupational Health and Safety Act

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RELEVANT LEGISLATION RE WORKPLACE CONDUCT

• Human Rights Code, s.5(1), 5(2) and 7(2)
• S. 5(1) Every person has a right to equal
  treatment with respect to employment without
  discrimination because of race, ancestry, place
  of origin, colour, ethnic origin, citizenship,
  creed, sex, sexual orientation, age, record of
  offences, marital status, family status or
  disability. R.S.O. 1990
• s. 5(2) Every person who is an employee has a
  right to freedom from harassment in the workplace
  by the employer or agent of the employer or by
  another employee because of race, ancestry, place
  of origin, colour, ethnic origin, citizenship,
  creed, age, record of offences, marital status,
  family status or disability
• s. 7(2)  Every person who is an employee has a
  right to freedom from harassment in the workplace
  because of sex by his or her employer or agent of
  the employer or by another employee. R.S.O. 1990,
  c. H.19, s. 7 (2).

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RELEVANT LEGISLATION RE WORKPLACE CONDUCT

• Canadian Human Rights Act, s. 14(1)
• Section 14 (1) of the Act states that harassment
  is a discriminatory practice with respect to
• (a) in the provision of goods, services,
  facilities or accommodation customarily available
  to the general public,
• (b) in the provision of commercial premises or
  residential accommodation, or
• (c) in matters related to employment,
• to harass an individual on a prohibited ground of
  discrimination

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RELEVANT LEGISLATION RE WORKPLACE CONDUCT

• Occupational Health and Safety Act, Bill 168
• Currently, employers who contravene the Act are
  guilty of an offence and face fines pursuant to
  section 66.
• Bill 168 will amend section 1 (1) to include the
  following definitions
• "workplace harassment" means engaging in a course
  of vexatious comment or conduct against a worker
  in a workplace that is known or ought reasonably
  to be known to be unwelcome
• "workplace violence" means,
• (a) the exercise of physical force by a person
  against a worker, in a workplace, that causes or
  could cause physical injury to the worker,
• (b) an attempt to exercise physical force against
  a worker, in a workplace, that could cause
  physical injury to the worker,
• (c) a statement or behaviour that it is
  reasonable for a worker to interpret as a threat
  to exercise physical force against the worker, in
  a workplace, that could cause physical injury to
  the worker.
• The Bill will require employers with more than 5
  employees to develop a program to implement a
  workplace harassment policy. The program must
  include measures for workers to report incidents
  of workplace harassment and set out how the
  employer will deal with incidents and complaints
  of workplace harassment.

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HARASSMENT IN THE WORKPLACE

• Types of Harassment
• Sexual intimidation, bullying or coercion of a
  sexual nature, or the unwelcome or inappropriate
  promise of rewards in exchange for sexual
  favours.
• Non-Sexual Bullying or verbal abuse
• Unwarranted Discipline - where the employer's
  treatment of the employee makes continued
  employment intolerable

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EMPLOYEE RIGHTS

• Internal Complaint to Human Resources or
  management
• Human Rights complaint under the Code
• Stress Leave/Disability (if available)
• Civil Action/Constructive Dismissal

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EMPLOYER RESPONSIBILITIES

• Employment Contracts
• Policies (Harassment, Internet Use)
• Training
• Monitoring
• Discipline

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EMPLOYER RESPONSIBILITIES

• Employment Contract and Policies
• Outline what behaviour is not acceptable in the
  workplace
• Set out the employers expectations regarding
  proper conduct in the workplace
• Advise what range of disciplinary action will be
  taken should an employee be found to have
  breached the policy

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EMPLOYER RESPONSIBILITIES

• Investigation
• Assess the complaint
• Appoint an investigator
• Conduct interviews
• Make interim decisions on complainant/respondent
• Process evidence and interview additional parties

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EMPLOYER RESPONSIBILITIES

• Discipline - breach of the policy constitutes
  cause for discipline, up to and including
  termination of employment

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HUMAN RIGHTS COMPLAINT

• Usually arises after the Employer has either
  failed to respond to a complaint or has made a
  decision with which the Complainant disagrees
• Under the current system an applicant may bring
  their complaint directly before the Ontario Human
  Rights Tribunal
• Within this system a complaint may be resolved
  by adjudication or mediation

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DISABILITY BENEFITS

• If the harassment results in severe mental
  distress it may result in a claim for short-term
  or long-term disability, if available
• Workplace stress has rapidly becoming one of the
  most popular causes for employee absence and
  disability claims

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CIVIL ACTION

• Constructive Dismissal
• Where the employer's treatment of the employee
  makes continued employment intolerable the
  employee may successfully argue that they were
  forced to resign and claim constructive
  dismissal.
• See Shah v. Xerox (Ont. C.A.) to be discussed
  later

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APPROPRIATE COMPUTER USAGE

• Employer Policies are used to
• Define use of Information Technologies
• Communications guidelines
• To Support Discipline
• To prevent breach of confidentiality

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INAPPROPRIATE COMPUTER USAGE (OFFENSIVE
DOWNLOADS AND E-MAILS)

• Not a right but a privilege subject to
  limitations set by employer
• Useful tool for work with potential for abuse
• Policies required re propriety
• Effective balance of personal needs of employees
  and business interests
• Minimizing abuses
• Reducing inefficiencies
• Maximizing beneficial uses of business tools
• Eastern Ontario Catholic District School Board v.
  O.E.C.T.A

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QUESTIONS?
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Willson Lewis LLP Barristers and
Solicitors

• WORKPLACE RIGHTS AND RESPONSIBILITIESEmployee
  Rights and Employer Responsibilities

67 Mowat Avenue, Suite 346, Toronto, Ontario M6K
3E3, Tel [phone] Fax [phone]
www.willsonlewis.com