In terms of the workplace harassment requirements, an employer has to include, within their policy, measures and procedures for workers to report incidents of workplace harassment. The employer also has to set out the means by which the employer will investigate and deal with incidents and complaints of workplace harassment. The legislation requires that the [...]
Changes to the Occupational Health and Safety Act take place on June 15th 2010. All employers who have five employees or more have to enact a policy preventing workplace harassment. Under the Occupational Health and Safety Legislation, there are strict guidelines set out for the creation of this policy. Workplace harassment generally used to fall [...]
Melynda Layton explains non compete clauses in employment contracts and the limitations they can impose.. If you, or someone you care about, is dealing with employment law issues in the Ottawa, Ontario Region, contact Law Office of Melynda Layton for a consultation. This podcast is taken from a 23 June, 2009 interview with Melynda Layton, [...]
Melynda Layton explains fiduciary duties. If you, or someone you care about, is dealing with employment law issues in the Ottawa, Ontario Region, contact Law Office of Melynda Layton for a consultation. This podcast is taken from a 23 June, 2009 interview with Melynda Layton, Employment lawyer with Melynda Layton Barrister & Solicitor, Ottawa employment [...]
In the case of someone being accused of harassment, which may have resulted in a termination of employment, an employee usually seeks advice only after the investigation has taken place internally or an external third party has been brought in to investigate. By then, the accused realizes that the investigation didn’t go well and they [...]
It’s important to document everything. Was the harassment being done over the e-mail system? If so, it’s important to keep track of those documents as well as any other kind of documentary evidence. There have been situations where an employee alleges sexual harassment as the reason for being terminated, and the employer representative says absolutely [...]
Although each workplace may have its rules against harassment in general, the legal code only protects against sexual harassment. The term “sexual harassment” includes a course of conduct that makes a person uncomfortable as a result of his/her gender. It also includes sexual solicitation or advances that are unwelcome, particularly but not exclusively where they [...]
If harassments are allowed to continue, a company will suffer from employee stress-related illness, low morale, and ultimately low production as well. The other cost is to the company’s reputation in the marketplace. People won’t stay with an employer when they are not happy. Looking at the turnover rate in employment may be a good [...]
It can be difficult for an employer to enforce a non-competition agreement that prevents workers such as sales people from working for a competitor. In those situations, it’s hard to argue that there is a proprietary interest that the organization has a right to protect. In those situations, a non-solicitation agreement would be preferable because [...]
An employer can make employment dependent upon a non-competition agreement. If the candidate refuses to sign the agreement, the employer can say, “I’m sorry, your employment is depending upon our agreement to a non-competition clause.” In the case of a termination of employment, legally, an employee isn’t obliged to sign anything restricting their work following [...]
