Canadian Employment Law Today

June 26, 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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PM40065782 Emplo y ment Law Today Canad ad a ian Employer's neglect of harassment complaints proves costly Ignoring worker's complaints and fi ring her after workplace assault leads to more that 190,000 in damages BY ANEESHA LEWIS IN ORDER to ensure the safety of work- places, it is an employer's responsibility to investigate complaints of harassment and, if required, take steps to adequately ad- dress the situation. However, employers do not always comply with these require- ments. e recent Ontario Superior Court of Justice case of Bassanese v. German Ca- nadian News Company Limited et al. is a cautionary tale of the fi nancial conse- quences when an employer ignores com- plaints of harassment and terminates the employee's employment rather than ad- dressing the complaints. e employee, Heidi Bassanese, was 73 years old and had worked for German Canadian News Company (GCNC) in an administrative role for approximately 19 years. For a period of several months in Lack of clarity on reasons employee was fi red leads to unjust dismissal Loss of trust over suspected gas theft, 'not a good fi t' excuse not enough for just cause under Canada Labour Code: Adjudicator BY JEFFREY R. SMITH AN ONTARIO employer lost trust in an employee after suspected theft of gas meant for company vehicles and felt the employee wasn't a good fi t anymore, but these reasons didn't constitute just cause for dismissal un- der the Canada Labour Code, an adjudica- tor has ruled. Huron Commodities is a provider of cus- tom-sourced grain, bean, and seed products based in Clinton, Ont. Huron hired Paul Al- exander, 59, in 2012 as a procurement and commodity originator, a position charged with arranging contracts with farmers for Huron to purchase their produce — mostly soybeans — for the company to sell to cus- tomers in Asia. When Alexander was hired, he was one of only two originators for the company and he had an area in southwestern Ontario in which to procure contracts from farmers. He received good performance reviews in his fi rst few years with Huron with no disci- pline on his record. However, the company eventually hired two more originators, re- ducing Alexander's area, and his sales the Worker's self-love at work doesn't fl y with employer pg. 4 Washroom activities not private enough to avoid making co-workers uncomfortable June 26, 2019 Health-care worker fi red for dirty joke pg. 3 Breach of employer policy and public trust, along with disciplinary history, provided just cause NO EVIDENCE on page 6 » CREDIT: ANDREY_POPOV/SHUTTERSTOCK Ask the Expert pg. 2 Contractual defi nitions of 'just cause' with Colin Gibson EMPLOYER on page 7 »

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