Blog - Human Rights and Discrimination
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.
Human Rights laws don’t guarantee equal treatment in the general sense. In Ontario, and throughout Canada, your workplace must be free of workplace discrimination, harassment, and reprisal or differential treatment due to certain protected characteristics. It may be discrimination if you are treated differently because of your age, race, ethnicity, place of origin, ancestry, citizenship, religion, colour, sex/gender/sexual orientation, gender expression, marital/family status, or disability.
Can You Sue for Emotional Injury due to Workplace Violence?
If the conduct suffered is serious enough, it could indeed be compensable through general damages in court. It is important…
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Canadian Human Rights Chief Resigns Amid Israel Comments Controversy
Why did Birju Dattani resign from his role as chief commissioner? Birju Dattani, the newly appointed chief commissioner of the…
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Microsoft’s $14.4 Million Settlement: Case of Leave Discrimination!
Microsoft Corp. has agreed to a $14.4 million settlement following allegations that it discriminated against employees who took protected leave,…
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Ontario’s Legal Standpoint on Airline Discrimination
Overview Recent events involving the discriminatory treatment of black passengers on an American Airlines flight have shocked the conscience of…
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The Hidden Bias in Performance Reviews
What are performance reviews? Performance reviews are formal assessments conducted by employers to evaluate an employee’s job performance in the…
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Facing Alcoholism in the Workplace
Alcohol has long been a staple of workplace culture. From holiday parties to team-building events and business lunches, drinking is…
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Parental Rights: Workplace Protections and Challenges
As we commemorate Parents Day on June 1st, a day dedicated to honoring the role of parents in nurturing and…
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Workplace Mental Health: Strategies for Employers
What Does the Latest TELUS Mental Health Index Reveal About Workers’ Mental Health? Workers’ mental health has sunk to levels…
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Age Discrimination in the Modern Workplace
How Can Employers Avoid Age Discrimination in the Workplace? As people live longer and retire later in their lives, age-related…
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Employer Obligations in the Age of Flexible Retirement
Retirement isn’t always a one-way street anymore. Given the increased costs of living, more and more employees are deciding to…
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Can Your Employer Fire You for Using Medical Marijuana?
What were employers concerned about before the legalization of medical marijuana? Before the legalization of medical marijuana, and then again…
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Strategies to Address Mental Health in the Workplace
Employers in Ontario must be aware of the importance of creating strategies and policies to address mental health in the…
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Workplace Privacy in the Age of AI: Legal Insights
How does AI impact employees’ workplace privacy? Artificial intelligence (AI) has been all over the news recently. It promises to…
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Gender Discrimination: A Call for Workplace Equality
Gender Discrimination in Managerial Positions: What do recent statistics reveal? A recent report from the Canadian Chamber of Commerce’s Business…
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Gender Discrimination Can Cost Employers Big Money
What allegations of gender discrimination have been made against Activision Blizzard? Activision Blizzard, a large US video game maker, is…
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Off-Duty Conduct: Responsibilities in the Workplace
Can an Employee Be Disciplined for Off-Duty Conduct? There has always been an issue as to whether a person can…
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Duty to Inquire in Ontario: What Should Employers Do?
What is the Duty to Inquire and Why is it Important for Ontario Employers? Employers in Ontario must be aware…
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Balancing Act: Caregiver Support in the Workplace
Caregiver support becoming increasingly important in the workplace? In recent years, there has been a growing recognition of the importance…
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Maternity Leave Rights: What You Need to Know
Maternity leave and parental leave are pivotal aspects of employment in Canada, providing new parents with essential time to care…
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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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Gender Discrimination Breaking the Bank for Employers?
What Led to Activision Blizzard’s $50 Million Settlement? Activision Blizzard, a large US video game maker, is paying big money…
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Mental Health Rights in the Ontario Workplace
In recent years, the legal landscape around mental health in the workplace has evolved significantly. As society becomes more aware…
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Employee Rights in the Face of Employer Bankruptcy
As the echoes of the COVID-19 pandemic fade away, the aftermath reveals a challenging landscape for some Canadian businesses. While…
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Feeling the Effects of Blue Monday?
Why is the third Monday of January labeled as “Blue Monday”? With the come down from the holidays, shortened daylight…
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Reality of Age Discrimination in the Workplace
Ageism is real problem in our society, and the workplace is no exception to that. Stereotypes abound about older employees:…
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Protecting Careers from Problem Drinking
Published By: Toronto Star Legal protection for issues with problem drinking in the workplace has been in place for decades,…
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Dismissed Employee Receives $600k for Discrimination
What Happened in the Mema v. City of Nanaimo (No. 2) Case? In a recent BC Human Rights Tribunal matter,…
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Maternity Leave: Job at Risk?
Are you certain that your job is secure during your maternity or parental leave? The whirlwind of new parenthood, coupled…
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Workplace Equality: Human Rights Day
Human Rights Day | United Nations The Universal Declaration of Human Rights turns 75 today. This monumental document, the drafting…
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Maternity Leave: Behind the Scenes in Your Workplace!
Embarking on the journey of parenthood is a life-altering experience, and for many, the professional world becomes a complex maze…
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The Silent Struggle of Mental Health at Work
Why Is Addressing Mental Health at Work Crucial? Despite the fact that with each passing year mental health at work…
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As Incidents of Hate Speech Rise, When Can Employers Legally Sanction Workers?
Published By: THE GLOBE AND MAIL Incidents of Antisemitism and Islamophobia are drastically rising in Canada in the wake of the…
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Employers Using Human Rights Loopholes
Employees working for federally regulated employers, such as banks, are protected under the Canadian Human Rights Act, which lays out…
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Is Wearing a Poppy at Work a Right?
With Remembrance Day around the corner, Saskatchewan has turned its legislative mind to wearing poppy at work. The province has…
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Social Media Privacy in the Workplace?
Recently enacted legislation in the state of New York has passed that will prohibit employers from demanding the passwords to…
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Nepotism in the Workplace
Unfortunately, nepotism is a phenomenon that continues to persist in today’s society. It is doubtful anyone is a stranger to…
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World Mental Health Day
What is World Mental Health Day? October 10 marks World Mental Health Day, a time to raise awareness, educate folks,…
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Employee Wellbeing – A Human Right
As Canada shifts into more of a post-pandemic world, employees’ views towards prioritizing their wellbeing at work has shifted as…
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International Equal Pay Day: Is Discrimination Alive?
What is International Equal Pay Day? International Equal Pay Day, celebrated on September 18, represents the longstanding efforts towards achieving…
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Deleted WhatsApp Chats: An Employer Investigation Drama
Employer Investigation Unveiled: The Vanishing WhatsApp Messages In a recent legal dispute, a former senior executive has been accused of…
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Sick Notes: The Drama of Privacy and Accountability
Why is the Requirement for Sick Notes Making Headlines in Nova Scotia? An employer’s ability to ask an employee for…
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Disney Gender Discrimination: Unveiling Pay Inequity
What’s Behind the Disney Gender Discrimination Lawsuit? Sadly, pay equity continues to be an ongoing issue for employees. Companies that…
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Proximity Bias: The New Normal?
What is Proximity Bias and How Does it Affect the Hybrid Workplace? As the hybrid workplace becomes the new normal,…
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Pregnancy Discrimination: Timing of Termination and Bias
Pregnancy Discrimination: Can You Fire Someone for Being Pregnant? Although employers have a lot of latitude in determining who to…
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Mental Health in the Workplace
Why are over 60% of Canadians experiencing financial stress? Unsurprisingly, mental health, financial wellbeing, and mental health in the workplace…
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Parental Rights in Ontario: Balancing Work and Childcare
Families are the cornerstone of communities. By extension, the value of strong families extends to the health of a country…
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Navigating the Legalities of Tattoos in the Workplace
Tattoos, dyed hair and other forms of body expression are becoming increasingly common in today’s society. Studies show that over…
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Proposed Changes to Employment Standards Act Ontario to Address Remote Work
The widespread increase of remote work as a result of the COVID-19 pandemic appears to be here to stay, and…
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Female Burnout in the Workplace Outweighs Male
In McKinsey’s recent “Women in the Workplace” report, women are leaving leadership roles “at the highest rate we’ve ever seen.”…
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Amazon Mandates Employees to Return to the Office.
Amazon’s CEO, Andy Jassy, has mandated all workers return to the office at least three times per week, as of…
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Disney Employees Push Back on Return-to-Office Mandate
It has been 3 years since the COVID-19 pandemic officially started in March of 2020. During this time, many companies…
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Office Romance – Pros and Cons of Dating a Co-worker
The recent news of the now-former Toronto mayor John Tory’s affair with a colleague has sent shockwaves through Toronto’s political…
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Employment Law Protections for Parents Affected by Last-Minute Daycare Strike
Special to The Globe and Mail The question My child’s daycare was closed because of a last-minute daycare strike so…
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City of Burlington Mandates Mandatory Masks Again: Your Rights
Recently the City of Burlington re-launched a mandatory indoor mask policy for the City’s employees, effective from November 28, 2022,…
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TTC Drops Vaccine Mandate
The Toronto Transit Commission (“TTC”) has decided to drop its COVID-19 vaccine mandate that has been in place for approximately…
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CUPE Strike: What Are Working Parents Rights If They Have to Stay at Home Due to School Closures?
Many people are probably confused about the recent twist during the recent CUPE strike – the Ontario government just announced…
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CP24’s Patricia Jaggernauth Alleges Racial and Gender Discrimination
Recently Patricia Jaggernauth, a former Bell Media employee, filed a complaint under the Canadian Human Rights Act (the “Act”), with…
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Ontario Court Rules Seneca College’s Vaccine Policy Does Not Violate Charter
In a recent decision, the Ontario Superior Court of Justice ruled that Seneca College’s vaccine policy does not violate the…
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Top-up while on Maternity Leave: What Are the Rules?
What is maternity and parental leave? How to top up your maternity leave? A maternity leave for Canadian employees can be either…
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Federal Tribunal Reverses EI Denial For COVID-19 Vaccination Refusal
Federal Tribunal Reverses EI denial A federal tribunal has recently held that an employee terminated as a result of noncompliance…
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Quiet Quitting At Work – What You Need To Know
The term “Quiet Quitting” has been making headlines in the past few weeks as employees and employers alike discuss the…
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Lisa LaFlamme And Age Discrimination In The Workplace
Bell Media, the parent company of CTV News, announced today that it would conduct a workplace investigation of the recent…
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Unconscious Bias – Firing Workers When an Illness is Involved
Special to The Globe and Mail Far too often, employers make decisions that are tainted by discriminatory motivations, without even…
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Workplace Age Discrimination is on The Rise
Special to The Globe and Mail Workplace age discrimination is on the rise. But it can be difficult to detect.…
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Employee’s Privacy Rights in the Workplace: What is Acceptable?
The Ontario Court of Appeal’s most recent case involving an employee’s privacy rights in the workplace provides that Section 8…
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Mental Health vs. Salary – 1 in 4 Workers Quit Jobs Over Mental Health
Mental health is playing an increasingly important role in the North American workplace. Recent studies show that many workers are…
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Working for Workers Rights – Digital Platform Workers Rights
We live in a world that is becoming increasingly digital including how we order a pizza, groceries, and get around…
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Canadian Banks Drop Vaccine Mandates
Canada’s “Big Five” banks have all either suspended or removed their mandatory COVID-19 vaccination policies. As of Spring 2022, COVID-19…
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Can a Refusal to Vaccinate Get You Fired for Just Cause?
Ever since vaccines have become widely available, many employers have implemented mandatory vaccination policies. Recent arbitration decisions like Unifor Local…
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Mental Health at Work
Studies show that approximately 1 in 5 Canadians struggle with a mental health issue, and many of these issues manifest…
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Employee Rights on Election Day – Ontario Provincial Election 2022
Thursday, June 2, 2022, is election day in Ontario for the provincial elections. Employees who would like to exercise their…
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Jennifer Valentyne Alleges Gender Discrimination in the Workplace
Jennifer Valentyne, a Canadian broadcast personality, has recently spoke out against her alleged experience of gender discrimination in the workplace,…
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Does Your Workplace Have a Right to Disconnect Policy Yet?
Time is ticking for many employers to get a written Right to Disconnect policy into place. Ontario added new requirements…
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Can an Employer Recall Laid off Employees and Workers?
As COVID-19 restrictions loosen, many employers are in the process of recalling employees that were laid off over the pandemic. …
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Deloitte Reversing COVID-19 Vaccine Mandates
The announcement that Deloitte is reversing COVID-19 vaccine mandates signals the crossroads at which many employers find themselves as society…
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Ontario Government to Introduce Legislation Addressing Electronic Monitoring
On February 24, 2022, the Ontario government announced its plans to introduce new legislation that would require larger employers to…
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Canada Worker Lockdown Benefit Eligibility
The government of Canada has announced that it will be expanding the Canada Worker Lockdown Benefit (CWLB). CWLB provides temporary…
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When it comes to vaccine mandates, how do unionized workers differ from non-unionized?
Special to The Globe and Mail Some unions may be headed for a breaking point in Canada. The imposition of…
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The Ontario Working for Workers Act, 2021: Right to Disconnect
The Ontario government has proposed legislation today – Working for Workers Act, 2021 that, if passed, would help workers adjust…
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BC’s Goodberry Restaurant Group Fired Server: Paid $30,000 in Damages
Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137 The B.C. Human Rights Tribunal (BCHRT)…
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Who is Responsible for COVID-19 at Work?
Generally speaking, it would be very difficult to prove that one individual has infected another with COVID-19 given the widespread…
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Fired While Pregnant or Upon Returning from Maternity Leave?
Special to The Globe and Mail For many working women across Canada, a worst-case scenario is beginning to unfold as…
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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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What is The Canada Recovery Hiring Program And How it Works
The Canadian government has announced its Budget 2021, which includes the introduction of the new Canada Recovery Hiring Program (CRHP).…
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Vaccination Status of Co-workers – Can I Ask My Colleague About Their Vaccination Status?
As more employees consider going back to the office, or are called back by their employers, many are interested to…
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Proof of Vaccination for In-Office Work
As more Canadians receive their COVID-19 vaccinations, employers may be wondering whether they can ask for proof of vaccination to…
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Ontario Announces Mandatory Paid Sick Leave for COVID-19 – Here is How it Works
The Ontario government has announced a temporary plan that will provide up to three paid sick leave for COVID-19 for…
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Ontario to Give Three Paid Sick Days to Employees
Following months of demands for sick pay coverage, the Ontario government has announced a temporary plan that will provide up…
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I Didn’t Get a Raise Because of Child-Care Obligations. Is This Discrimination?
SPECIAL TO THE GLOBE AND MAIL THE QUESTION I am working from home during the pandemic, but I have two…
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COVID-19: Paid Sick Leave Needs to be Targeted
Daniel Lublin, an Employment Lawyer, talks with CP24 about paid sick leaves in Ontario. Q: What is the difference between…
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Ontario Paid Time Off for Vaccination
As the COVID-19 vaccine continues to roll out in Canada, all provinces are taking steps to promote it by giving…
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COVID-19 Provincial Antigen Screening Program
The Ontario government is taking steps to make it easier for employers to test for COVID-19 in the workplace by…
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Uber’s Flexible Work+ – Uber Canada Proposes Changes to Labour Laws
Uber Canada announced that it is seeking support from the provinces to change the employment regulations affecting its workers. These…
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CEO of the Canada Pension Plan Resigns After Receiving COVID-19 Vaccine in Dubai
Mark Machin resigned as CEO of the Canada Pension Plan Investment Board. The chief executive responsible for managing the Canadian Pension Plan, Mark Machin, resigned…
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Work Life Balance During COVID-19: Employees Are Working Longer Hours at Home
The COVID-19 pandemic has changed how we work in many different ways. For many people, this has meant an adjustment…
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Monitoring Employee Activity at Home: A Breach of Privacy?
As the COVID-19 pandemic continues, we are seeing increased use and reliance on techniques that help in monitoring employee activity…
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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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Can You Get Fired for Attending a Protest?
Protests and rallies are nothing new; however, the beginning of 2021 saw some extreme protests – Capitol Hill in the…
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Monitoring Employee Activity on Work Computers at Home
COVID-19 has brought about many changes to the way we work, whether that be modified office protocols or working from…
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Can My Employer Force Me To Take a COVID-19 Vaccine?
As with many workplace law issues, whether an employer can make it mandatory that employees get the COVID-19 vaccine will…
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