Blog - Harassment and Bullying
Looking to stay up to date on the latest news and information regarding employment law and how it impacts your workplace situation. Use our information centre to find informative blogs, media commentary, Globe and Mail articles and other helpful resources to ensure you understand your workplace rights.
If the behaviour of another at work has made it impossible for you to remain working in that environment, you may be a victim of workplace harassment and bullying. Workplace harassment and bullying can take on many forms of behaviour such as violence, intimidation, threats – verbal or written, offensive or inappropriate jokes, inappropriate teasing, inappropriate touching, offensive gestures, insults, public shaming/embarrassment.
Workplace Sexual Harassment in Ontario: Legal Protections and Employer Responsibilities
What are the allegations against Mohamed Al Fayed? A recent BBC documentary exposed that dozens of women alleged that they…
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WestJet Class Action: A Costly Lesson in Workplace Harassment
What is the WestJet class-action case about? There is an ongoing class-action case in the Supreme Court of British Columbia…
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Is Verbal Harassment a Crime in Ontario?
Harassment and bullying are serious issues in any workplace, and understanding the different types and their definitions and implications is…
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Is Testing for Marijuana on the Job Harassment?
Recently, an arbitrator held that Air Canada was justified in testing a flight attendant’s hair for use of marijuana. While…
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Is Workplace Bullying a Crime in Canada?
Although often thought of as something only seen on the schoolyard, bullying and harassment can affect anyone, including people of…
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The Shocking Truth of Workplace Harassment
Navigating the professional world amid harassment is a daunting journey, one that often remains shrouded in silence. The Whitten &…
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Fighting Sexual Harassment and Discrimination in Law
Why is Addressing Sexual Harassment and Discrimination Crucial in the Legal Field? The legal world, which is supposed to be…
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What to Do While Facing Workplace Harassment?
What Constitutes Workplace Harassment? News broke recently that a former strength and conditioning coach for the Toronto Argonauts is suing…
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Sexual Harassment in Workplace: Rights & Obligations
What constitutes sexual harassment in the workplace? Sexual harassment in the workplace is a significant issue and one that, unfortunately,…
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Workplace Harassment: Canada Embraces ILO Convention 190
How does Canada’s adoption of Convention 190 address workplace harassment? As Canada embraces the International Labour Organization’s Convention 190 (C190)…
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Deciphering Just Cause: Insights from a Landmark Case
What constitutes “just cause” in employment law? Just cause is widely known as the “capital punishment” of employment law, and…
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Ontario Court Awards $4.7 Million Judgment Against Internet Troll
What was the recent decision by the Ontario Superior Court regarding online defamation? In a recent decision by the Ontario…
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Workplace Harassment Persists Despite Laws in Place
What does the recent Statistics Canada survey reveal about workplace harassment and sexual harassment in Canada? A recent Statistics Canada survey sheds…
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When Does Rudeness Become Workplace Harassment?
What Duties Do Employers Have Regarding Workplace Harassment? There can be a thin line between simple rudeness at the workplace…
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Sexual Harassment: Employer Challenges Claim of Worker
Is Just Cause the “Capital Punishment” of Employment Law? Just cause is widely known as the “capital punishment” of employment…
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Office Christmas Party – Your Employer’s Obligations
The holiday season is a time for celebration, and many workplaces organize office Christmas party for their employees to lighten…
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Ontario’s Stand Against NDAs in Workplace Harassment
Ontario is taking a significant step toward addressing workplace sexual harassment, misconduct, and violence by considering the prohibition of non-disclosure…
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Ontario’s Harassment and Discrimination Laws
A news story recently circulated from Kansas in the United States, where a Chipotle restaurant manager was sued for harassment…
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Discrimination Unveiled: Social Media’s Dark Side
What Role Do Social Media Platforms Play in Today’s Society? Social media platforms form the bedrock of today’s society. They…
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Mike Babcock Resigns: Blue Jackets’ Coaching Shake-Up
Why Mike Babcock Resigns: The Sudden End to His Coaching Stint Mike Babcock’s tenure as head coach of the Columbus…
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Workplace Harassment: The Importance of Investigation
What are an employer’s duties when investigating complaints of workplace harassment under the Ontario Health and Safety Act? Under section…
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Sexual Harassment: A Pervasive Workplace Phenomenon
Why is reporting incidents of sexual harassment in the workplace rare? Sexual harassment unfortunately continues to ravage the workplace into…
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Workplace Harassment: Investigations Gone Wrong
What are the duties of employers under Ontario’s Occupational Health and Safety Act regarding workplace harassment complaints? Ontario’s Occupational Health…
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Canada’s International Treaty: Prevents Workplace Harassment & Violence
Canadian employers should be looking at their workplace harassment and violence policies following a recent international treaty. The Canadian Federal…
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Are Workplace Relationships Illegal?
Toronto Mayor John Tory has resigned due to a workplace relationship with a former member of his staff. This has…
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Workplace Discrimination – Ontario Transgender Teacher Sparks Controversy by Wearing Prosthetic Breasts in Class
Media outlets have been circulating a recent video clip from an Ontario high school of an Ontario transgender teacher wearing…
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Case for Terminating Workers Who Engage in Sexual Harassment is Stronger Than Ever
Special to The Globe and Mail The case for terminating workers who engage in sexual harassment is stronger than ever.…
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Employment Lawyers for Workplace Disputes
Workplace disputes are often an inevitable event for most workplaces. When these issues arise, employers must ensure that they respond…
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OHL Vaccination Policy – Mandatory Vaccination Policies of OHL and NFL
The Ontario Hockey League (“OHL”) has recently released its COVID-19 vaccination policy, which requires all OHL Community Members to be…
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Vaccination Policies at Work: Can You be Fired for Refusing a COVID-19 Vaccine?
Employers’ duty to maintain workplace safety with vaccination policies in place Employers have a duty to provide a safe workplace…
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Governor General Julie Payette’s Resignation
Governor General Julie Payette announced on Thursday that she would be stepping down following reports of workplace harassment within the…
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Child Care During COVID-19: Workplace Laws For Parents
Daniel Lublin, Special to The Globe and Mail Child care during COVID-19 can be a delicate balancing act for working…
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COVID-19 Vaccination: If We Eventually Find a Vaccine For COVID-19, Can My Employer Force Me To Get It?
Daniel Lublin, Partner at Whitten & Lublin Employment lawyers, talked to The Globe and Mail about the requirement of COVID-19…
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New Workplace Harassment and Violence Prevention Policy for Federally Regulated Employers
On June 24, 2020, the federal government announced that the Workplace Harassment and Violence Prevention Regulations will come into effect…
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Employment Rights During the Coronavirus Outbreak
Understand your employment rights during the Coronavirus outbreak. Employment Lawyer, Daniel Lublin, talks with CP24. Canada’s Finance Minister Bill Morneau…
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Your Work Rights Amid COVID-19 Concerns
COVID-19 concerns are rising around the world, and companies in Canada are now reviewing policies around employee travel and when…
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Coronavirus Outbreak at Work: What The Workplace Needs to Know
Coronavirus Outbreak at Work SPECIAL TO THE GLOBE AND MAIL What are the rights and obligations of Canadian employers and…
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Discriminated Against at The Workplace Due to Coronavirus?
There have been reports of people being discriminated against at the workplace due to Coronavirus along with Xenophobia (dislike of…
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Racism & Discrimination Spreading With The Fear of Coronavirus
The World Health Organization has declared a global emergency for the spread of the Coronavirus from Wuhan, China and the…
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I Got Demoted at Work After Taking a Short Vacation. What Can I Do?
SPECIAL TO THE GLOBE AND MAIL THE QUESTION I went on vacation for two weeks to get married and came…
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Holiday Party Liability
“It’s the most wonderful time of the year!” [cue sappy music]. The holiday season is upon us and so is…
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Office Relationships: Recognizing Severity and Appropriate Responses
Office relationships are far from uncommon, however, with the rise of #metoo and the scrutiny this has placed on workplace…
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Criminal Records: Can my past come back to haunt me when looking for a new job?
In order to determine whether a past action can be detrimental to future employment opportunities, one must ask: was the…
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Privacy and work – What Can and Can’t Your Employer Ask About You?
An employee has an expectation of privacy, but all this is within reasonable limits. What an employer is entitled to…
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#MeToo in the Workplace – Options to Fight Against Sexual Harassment
The #MeToo movement has attracted considerable attention to sexual harassment in the workplace, especially the power dynamics inherent when a…
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Requesting Proof for Personal Emergency Leave from an Employee
Under the Employment Standards Act (ESA), employees are entitled to 10 personal emergency leave (PEL) days per year (the first…
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Health and Safety in the Workplace: Heat-related Illness
During the summer months, it is important that workers required to work outside or in confined spaces with poor ventilation…
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Separating Misconduct from Discriminatory Grounds of Illness/Disability
Human Rights law protects individuals in a workplace setting from being discriminated against on the basis of illness/disability. This applies…
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Are Domestic Workers Hired by Householders Employees?
Domestic workers are individuals hired in a private household by householders to assist and/or supervise individuals such as children, elderly,…
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Refusal of Unsafe Work: An Abusive Supervisor
Under health and safety legislation, employees have the right to refuse unsafe work. Unsafe work includes many aspects of the…
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Manner of Dismissal Matters: A Case of Sexual Harassment
The manner of dismissal may lead to significantly more costs in damages in any event, and, in particular as will…
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Workplace Harassment and Intentional Infliction of Nervous Shock Damages
When claiming the tort of intentional infliction of nervous shock against an individual, it must be proven that the act…
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Frustration of Contract and Long Term Disability Benefits
Employers should be familiar with the concept of frustrated contracts in employment law. Frustration considers what the parties (employer and…
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Alcohol At Workplace Events: Employer Liabilities?
It is not uncommon for employers to sponsor or hold workplace events with alcohol being served. An example may be…
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I am being bullied at work by my boss. What do I do?
Question: I am being bullied at work by my boss. What do I do? She yells at me daily. She…
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What is Ethnic Discrimination in the Workplace?
Ethnic discrimination occurs when an employee is treated different than his or her colleagues based on their ethnicity in a…
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Attending a white supremacist rally be grounds for dismissal?
After several attendees of last month’s white nationalist rally in Charlottesville, Va., were outed on social media and then quickly…
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When is Domestic Violence an Issue of Workplace
It may not be well known, but there are instances where domestic violence is an issue of workplace health and…
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Sexual Harassment After Work Hours – Can a Manager be Disciplined?
It may be commonly perceived that unacceptable conduct in relation to the workplace only extends as far as the physical…
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Important Information for Conducting Criminal Background Checks for Condition of an Employment Offer
Employers must treat criminal record checks similarly to other protected grounds of discrimination such as race, religion and so forth.…
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Resigning Due to Illness or Disability: My Entitlements?
Disability and Human Rights Law in the Workplace: Employees have the right to be free from discrimination on the basis…
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Medical Marijuana Use in a Safety Sensitive Workplace: Can an Employer Deny an Employee Use?
Medical marijuana may be prescribed for several medical reasons. Under human rights law in Ontario, workers have a right not…
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Employee Medicinal Marijuana Use and Workplace Policy: What Are the Implications?
If an employer has a workplace policy that restricts or prohibits the use of medicinal marijuana this could in effect…
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What age discrimination looks like in the workplace
“We do not want to invest in someone who will retire so soon.” “Perhaps you would benefit from working with…
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5 Things That Make For a Hostile Work Environment
A hostile work environment is created when an employer or colleague behaves in such a way that it is difficult…
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Holiday Party & Corporate Liability
A staff holiday party is a great way of celebrating the holiday season. It can also be an effective way…
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What to do about Bullying in the Workplace
Bullying was unacceptable when you were a kid on the playground. It is no different that you are adult in…
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Important Internship Laws for Employers and Interns
In 2014, Ontario’s Ministry of Labour conducted an inspection blitz in connection with unpaid internships. Of the 56 companies investigated,…
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Know Your Religious Rights in the Workplace
Employees have a right to be free from discrimination in the workplace that is based on their religious rights. Discrimination…
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Bias in the Workplace
Bias in the workplace is often problematic but it is not on its own illegal. For example, it is not…
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Recognizing Signs of Discrimination in the Workplace
The most common form of discrimination in the workplace is not immediately obvious and you may not even realize that…
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What You Need To Know About Medical Marijuana
Many people are prescribed marijuana to cope with health conditions, such as chronic pain, cancer, and sleeping disorders. As the…
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The Rise of Age Discrimination Lawsuits
Age discrimination is where an employee is treated differently, or unequally, in the workplace on the basis of his or…
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Equal opportunity employment
Equal opportunity employment is important and is in line with the employment equity goals of the Charter of Rights and…
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Can an Employer Terminate an Employee Who is Ill?
Question: I was fired through email, while undergoing cancer treatment! I believe I was let go because I had to…
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Q&A: Do you have the right to a harassment-free work environment?
QUESTION I have decided that my experience with my boss is in fact harassment and bullying. My performance is over…
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Q&A: Workplace Harassment
I have been harassed by three of my co-workers in my workplace for one year. The harassment has come to…
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Changes to the Human Rights Code and its impact
In light of the 2008 changes to the Human Rights Code (Code), it is possible for an employee to file…
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Can I fire my alcoholic employee?
The workplace environment brings a number of people together under one roof which may include employees with addictions. There are…
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Should I tell prospective employers about my disability?
Disability is a factor that can affect your job search efforts. For instance, there are disabilities classified as “invisible” disabilities…
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Are Unpaid Internships Legal?
Unpaid internships can be deemed as sketchy, even illegal in some cases. That’s why Bank of Canada Governor, Stephen Poloz’s…
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Harassment complaints against MP’s
Recently, the House Board of Internal Economy implemented a new process to deal with harassment complaints from Members of Parliament…
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Bullied employee-wanting to resign?
Too often we hear about bullied employee who is mistreated to such an extent that he/she feels the only recourse…
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Employer’s legal obligation to manage domestic violence
Domestic violence can begin in the home, but it can navigate its way to the workplace and employers have a…
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The ‘genius’ class action lawsuit by the Canadian Hockey League
The lawsuit filed last week by the junior hockey players against the Canadian Hockey League (CHL) has been classified by…
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Employment and accomodation for your injury
No one can decide the best timing for an injury. When your employment and employment duties become affected by your…
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Your employment rights regarding mental illness therapy
An employer-employee relationship can be impacted as a result of mental illnesses. Depending on the diagnosis, these illnesses sometimes require…
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Dealing with unpleasant issues in the workplace
In almost every workplace you will find employees with different backgrounds, habits and styles that can be distracting or annoying,…
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More tips for lawsuit-free corporate holiday party
Kate MacNamara, CBC’s Business Columnist, shared Daniel Lublin’s tips for lawsuit-free corporate holiday parties during radio interviews across the country.…
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Bill 127 – Expanding the Code to Add Genetic Protection
The Addition of Genetic Characteristics Bill 127, a private member’s bill, is currently before the Legislative Assembly of Ontario, and,…
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The City of Windsor: Terminating an Employee with a History of Unacceptable Conduct
The City of Windsor was Justified In another example of adjudicators becoming decreasingly tolerant of threats of violence in the…
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Gender Discrimination Claims
Gender Discrimination Claims in the Bank of America Last Friday, Bank of America agreed to a settlement of an ongoing…
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Employer Justified in Firing Disabled Employee
Firing Disabled Employee After a Car Accident The Alberta Human Rights Commission recently upheld an employer’s decision to terminate a disabled…
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Sports Bar Must Pay Damages After Firing Pregnant Waitress
The Human Rights Tribunal of Ontario An Ontario sports bar was recently ordered to pay nearly $20,000 in damages to…
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Recruitment: Is Your Photo more Important?
There are all sorts of dating websites out there that might shock you. Ones exclusively for millionaires, ones where people…
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RCMP’s sexual harassment allegations
An RCMP spokesperson faces allegations of sexual harassment by former employee who has been on sick leave for 2 years,…
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Your Options for Maternity Leave Complaints
When you decide to make a complaint against your employer for something that happened while on maternity leave or pregnant,…
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Why office romance can be such a tricky business
Office romance can be a tricky business. Whether it’s because of human nature, bad timing or just bad luck, the…
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What to do when violence erupts in the workplace
These days, violence in the workplace can be a significant liability for employers, in various ways. When Dan Gjema was…
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I’ve been bullied & I’ve been fired. What do I do?
I have been ignoring the bullying that has happened to me for four-and-a-half years. It came to a halt when…
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