By Katrin MacPhee, Articling Student The Supreme Court of Canada struck down provisions of Quebec’s Pay Equity Act and clarified the law regarding systemic discrimination through two decisions released May 10th. The Act was introduced to…
Does intention matter when it comes to workplace sexual harassment? The short answer is no. Sexual harassment is conduct of a sexual nature that is known or ought reasonably to be known to be unwelcome. This means…
PL’s Gail Gatchalian recently spoke to the Canadian HR Reporter about Dalhousie University’s decision to restrict applicants for the position of Vice Provost of Student Affairs to racially-visible and indigenous applicants, and whether this was legal. As…
In a recent decision, the Supreme Court of Canada has considered the nature and extent of an employer’s duty to accommodate a worker who becomes disabled in a workplace accident: Quebec (Commission des normes, de l’équité, de…
Can you file a human rights complaint against someone who harasses you at work, but who does not work for your employer? According to a recent Supreme Court of Canada decision, the answer may be yes. In…
In conversations with friends, family, and coworkers, in Wente-esque newspaper columns, and in recent local and national debates about discrimination and free speech on university campuses, you may have encountered the idea that “identity politics” are bad….
My work as a lawyer involves advocating in support of whatever position is favourable to my clients’ interests, making it convincing, and doing so ethically. It is uncomfortable for me to write about my personal views, but…
By Gail L. Gatchalian On November 22, 2017, I was interviewed by CTV Atlantic about sexual misconduct in the workplace, specifically: Could an employee get in trouble if they have alleged sexual harassment or misconduct and they…
Part I: Reasonable Notice This is Part I of #WorkLawWednesday Series “I was fired. What Are my Options?” aimed at providing information on the various questions that arise in the context of terminations. ‘Severance’ is a term…
In a decision released last Friday in R. v. J.P., 2017 NSPC 54 , Nova Scotia Provincial Court Judge Marc Chisholm sentenced a male supervisor for two counts of sexually assaulting a young female employee. The supervisor was given…
