Canadian Employment Law Today

July 18, 2018

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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PM40065782 Emplo y ment Law Today Canad ad a ian July 18, 2018 Antagonistic worker fi red for behaviour, not harassment complaints Worker couldn't get along with colleagues, accusing them of malicious rumours and devious motives BY JEFFREY R. SMITH AN ONTARIO worker who couldn't get along with his colleagues and lashed out at them was dismissed for inappropri- ate workplace conduct, not any harass- ment complaints he claimed to have made, the Ontario Labour Relations Board has ruled. Amex Canada is a company handling American Express credit card business in Canada and is based in Toronto. In September 2016, Amex hired Jean-Paul Massissou to be a customer care professional (CCP) responsible for helping customers accessing Amex services and resolving customer issues and complaints. All Amex CCPs worked in an open offi ce environment with no assigned seating in order to support a collaborative working environment. Massissou's orientation included comput- er module training on the company's harass- ment and workplace violence policy as well as its values and code of conduct. e pol- Worker suff ers years of sexual harassment, assault at work Shoe store employee was immigrant and single mother; Tribunal awards $200,000 for nearly 20 years of sexual abuse by store owner BY JEFFREY R. SMITH AN ONTARIO worker has won more than $200,000 in human rights damages for many years of sexual harassment and assault she endured at the hands of her employer. e 59-year-old worker was an immigrant from ailand who came to Canada in 1979. She was hired for her fi rst job in Canada four years later by Joe Singer Shoes in Toronto, owned at the time by Joe Singer. Eventually, the shoe store was taken over by Joe Singer's son, Paul Singer, and the worker moved into an apartment above the store with her son in 1989 when she separated from her husband. e Singers also owned the apartment. According to the worker, a few years after she began working at the shoe store, Paul Singer began making inappropriate and sexually charged comments towards her and inappropriately touching her. is was par- Medical marijuana found to be undue hardship in safety sensitive positions pg. 3 Inability to test for residual impairment made it diffi cult to determine safety Liability for discrimination at work reaches new levels pg. 4 Supreme Court decision shows employers must address behavior by non-employees $200,000 on page 6 » EMAILS on page 7 » CREDIT: CHUBYKIN ARKADY /SHUTTERSTOCK with Stuart Rudner Ask the Expert pg. 2 Leave entitlements for probationary employees

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