Canadian Employment Law Today

December 2, 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 Toronto police officer gets $85,000 for sexual harassment, discrimination PG.4 Worker faced sexualized comments, jokes — and even a forced kiss — from higher- ranking officers A FORMER supervisor at an Ontario group home must pay a former employee $170,000 after a campaign of sexual harassment and sexual assault against her. The worker was employed as a direct care worker for Alan Stewart Homes (ASH), a company that owns and operates a series of group homes for people with significant disabilities who are unable to live in - dependently. She started work for ASH on Jan. 28, 2016, on a three-month probationary period. The first location of her employment was a group home with eight non-verbal male residents, where she was responsible for bathing, changing diapers, dressing and feeding them. She reported directly to the residence supervisor, who was responsible for scheduling, assignment of shifts and hours for every - one working there. The scheduling was done at the discretion of the supervisor rather than seniority or any other basis. On the worker's first day of work, the supervisor remarked that she had "nice hands." This, along with some other things, made her think he was a little odd. This feeling was reinforced a few days later when he A BRITISH Columbia worker's termination was related to legitimate performance-related reasons and not because of a disability that had already been accommodated to a certain extent, the B.C. Human Rights Tribunal has ruled. FMC Canada operates a chemical plant in Prince George, B.C. It hired Neil Patzwald in March 2011 to be a maintenance team lead, managing the maintenance team at the plant and reporting to the plant manager. At the time of his hiring, Patzwald said he didn't have any management experience, but FMC said it would provide him with management training. Before FMC hired him, Patzwald had had four open-heart surgeries. However, he didn't tell FMC about them because he didn't think December 2, 2020 Termination clauses: Getting it right PG.3 Clarity is key when it comes to drafting and enforcing termination clauses in employment contracts WORKER on page 6 » CREDIT: ALEXEY REZVYKH iSTOCK SUPERVISOR on page 7 » with Stuart Rudner Sexually harassed worker gets $170,000 from supervisor Supervisor escalated unwanted behaviour; worker felt helpless and worried about losing job Ask an Expert PG. 2 Recalled worker refusing different position Disability not protection from dismissal for poor performance Employer raised concerns, developed performance improvement plan without knowledge of disability; also demonstrated willingness to accommodate BY JEFFREY R. SMITH BY JEFFREY R. SMITH

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