Canadian Employment Law Today

December 16, 2020

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 Guidelines on conducting sexual assault investigations confirmed in Ontario PG.4 10 criteria used to determine whether employer's sexual assault investigation was adequate or discriminatory AN ONTARIO worker was not discriminated against because of her age and disability when her employer tried to negotiate her retirement package and let her go after she returned from sick leave, the Ontario Human Rights Tribunal has ruled. Irena Nowicki, 66, was a business representative and organizer for the non-construction sector for Local 1059 of the Labourers' International Union of North America (LIUNA) in London, Ont. Hired in August 1993, she reported to LIUNA's business man - ager, Jim McKinnon. Nowicki had a good relationship with McKinnon over the years. However, after an election for the ex- ecutive board in 2010, McKinnon was unhappy be- cause he had expected more of Nowicki's members to vote. He asked Nowicki and other LIUNA employ- ees to contribute one week's wages toward paying for the mailing of a campaign flyer, but Nowicki refused and things deteriorated between them. In early 2015, Nowicki indicated that she planned to retire at the end of May 2016. McKinnon met with her and another business representative to discuss a replacement. He suggested hiring someone part- THE DISMISSAL of a Vancouver traffic authority special constable was due to a list of performance issues and not his physical disability or race, the B.C. Human Rights Tribunal has ruled. Sandeep Singh Brar worked as a special constable in the traffic authority unit for the Vancouver Police Board (VPB). He joined the unit in 2009, five years after immigrating from India. Employment with the traffic unit was on a casual, part-time basis and Brar could accept or decline any shifts that were offered. While working a shift, unit members communi - cated with each other and their supervisors via radio. Use of personal cellphones while working was prohibited. December 16, 2020 Truck driver unjustly dismissed after truck stolen PG.3 Driver breached policy against idling, but B.C.-based employer didn't warn him of increased risk of theft in area of truck stop PERFORMANCE on page 6 » CREDIT: MARGARITA-YOUNG iSTOCK SUPERVISOR on page 7 » with Tim Mitchell Employer's retirement negotiations not discriminatory Retirement offers were attempts to get worker out of office sooner, but they weren't based on age or disability: tribunal Ask an Expert PG. 2 Remote worker moving to another city Poor performance not a discriminatory reason for dismissal B.C. traffic officer downplayed performance concerns and claimed dismissal was related to his physical disability, race BY JEFFREY R. SMITH BY JEFFREY R. SMITH

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