Canadian Employment Law Today

September 25, 2019

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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PM41261516 Emplo y ment Law Today Canadian www.employmentlawtoday.com Bonus policies and wrongful dismissal damages p. 4 Recent cases clarify how employers can avoid bonus payments over the notice periods No discrimination if worker doesn't give reason for accommodation Ontario worker's injury-related shift change interfered with custody arrangement for daughter, but he didn't tell his employer until after change BY JEFFREY R. SMITH IT'S A STANDARD tenet of accommodation that it is a two-way street — both the employer and the employee must participate in the process. at's why the Ontario Human Rights Tribunal dismissed a worker's complaint that his family status wasn't accommodated by an injury-related shift change schedule — the worker didn't inform his employer of his family status obligations until after the change had been made. Steve Linklater was a coil handler technician in Essar Steel Algoma's steel production facility in Sault Ste. Marie, Ont. He worked 12-hour shifts on an eight-day rotation — two 12-hour days shifts from 5 a.m. to 5 p.m. followed by 24 hours off and then two 12-hour overnight shifts from 5 p.m. to 5 a.m. Linklater was separated from his spouse and had joint custody of his young daughter. e custody schedule was arranged around his shift schedule with Essar Steel, so he could pick up his daughter Persistent advances get worker fired for sexual harassment Calgary city worker sent inappropriate texts and pictures after he knew supervisor wasn't interested; no remorse during investigation BY JEFFREY R. SMITH AN ALBERTA municipal worker's history of inappropriate texts to his supervisor and what he claimed was an accidental show- ing of a naked picture of himself to her on his phone amounted to a pattern of sexual harassment that provided just cause for dis- missal, an arbitrator has ruled. Norman Mossman began working for the City of Calgary in June 1988 as a seasonal labourer. He became a full-time employee 13 years later and joined the city's roads de- partment as a driver/operator/labourer. His work included a variety of operations using different equipment depending on what needed to be done on city roads. e road department consisted of a mostly male workforce, with less than four September 25, 2019 Ontario worker gets second chance to change mind about retirement pg. 3 Appeal court found notice was contingent on circumstances WORKER on page 6 » CREDIT: ANTONIOGUILLEM/iSTOCK EMPLOYER on page 7 » with Tim Mitchell Ask the Expert pg. 2 Harassment of supervisor by subordinate

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