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Atlantic Employers’ Counsel – Fall 2015

THE EDITORS’ CORNER

Michelle Black and Sean Kelly

Trick, Treat or … Taunt? Workplace Bullying and Harassment

Fall has arrived! The leaves are changing colours, families are stockpiling Halloween candy (some of which will actually last long enough to be distributed on the 31st), and warm knitwear is being dragged back out of the closet. But what is happening at your workplace? Are all of your employees “playing nice” with each other or do you have some ghouls in the group?

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BULLYING ISN’T JUST FOR KIDS ANYMORE: ACTUALLY, IT NEVER REALLY WAS…

Ellen Oakes Thompson

The recognition that bullying occurs far beyond the playground is now so widespread that an entire episode of The Simpsons was dedicated to the topic earlier this year. However, despite the recognition of its occurrence, even the most seasoned human resources professionals often still shy away from dealing with serious interpersonal conflicts between coworkers or between superiors and subordinates.

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WHEN HARASSMENT IS NOT HARASSMENT

Stephen Carpenter, CHRP and Patti Wheatley

There is more and more discussion today about harassment and bullying in the workplace. This has led to assertions of harassment and bullying in situations even where the claims are unwarranted. Discipline is one of the most frequent areas where we see claims of harassment from employees – employees claim that they are being harassed but managers feel they are simply doing their job.

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TOP 10 CONSIDERATIONS FOR WORKPLACE (AND THEREABOUTS) SEXUAL MISCONDUCT

Twila Reid

Over the past year Jian Ghomeshi went from being the “King of Spain” to eating “Humble Pie” (if you are too young/old to know what this is referring to, search Moxie Früvous). Whether it’s the CBC or Bill Cosby, issues of sexual misconduct have been dominating the headlines. Even off-duty conduct is up for scrutiny – consider the worker who yells “FHRITP” to a reporter during a live broadcast or heckles a female comedian off the stage during a work party.

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FALSE/UNFOUNDED ALLEGATIONS: WHAT ABOUT THE UNSUBSTANTIATED COMPLAINTS?

Rick Dunlop

As long as there are harassment and respectful workplace policies that provide employees an opportunity to file complaints against their fellow employees, there will be, periodically, false or unfounded allegations. Employers can put themselves in a better position to avoid the liability associated with such false or unfounded allegations if they abide by the following:

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Client Update: New Nova Scotia pension plan asset transfer regulations

November 30, 2017

Peter McLellan, QC and Level Chan On November 29, 2017, the Nova Scotia Department of Finance and Treasury Board released new regulations with respect to asset transfers between pension plans that are effective November 28, 2017.…

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Client Update: Federal government desires feedback on proposed Cannabis Act regulations

November 28, 2017

Rick Dunlop and Kevin Landry The federal government has opened its 60-day consultation period with the release of its Proposed Approach to the Regulation of Cannabis. The paper outlines a potential regulatory framework which could…

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The Latest in Employment Law: A Stewart McKelvey Newsletter – 2017 Atlantic Canada legislative update

November 28, 2017

Josie Marks and Lara Greenough As 2017 comes to a close, please find below a summary of significant 2017 legislative amendments in each of the Atlantic Canadian provinces as well as federally, along with a…

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The Latest in Employment Law: A Stewart McKelvey Newsletter – Changes to the federal pay equity scheme expected in 2018

November 17, 2017

Brian Johnston, QC and Julia Parent In response to the report of the House of Commons committee on pay equity, the federal Liberal government announced its intention to bring in legislation to better ensure that…

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Client Update: New Brunswick proposes Pooled Registered Pension Plan legislation

November 17, 2017

Paul Smith and Dante Manna On November 14, 2017, Bill 22, also known as the proposed Pooled Registered Pension Plan Act (the “NB Act”), was introduced in the New Brunswick Legislature. If passed, New Brunswick…

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Client Update: TSX Company Manual amendments will result in a “modest increase” to listed issuer’s disclosure practices

November 16, 2017

Andrew Burke and Kevin Landry The Toronto Stock Exchange (“TSX”) has made two recent changes to the TSX Company Manual that will impact disclosure: A. It introduced a requirement for many corporate listed issuers to…

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Statutory interpretation & social justice

November 14, 2017

Jennifer Taylor There is a role for social justice in statutory interpretation, according to the Nova Scotia Court of Appeal in the recent decision of Sparks v Nova Scotia (Assistance Appeal Board). This case is…

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Client Update: New Brunswick introduces Cannabis Control Act

November 14, 2017

Kevin Landry and Jamie Watson New Brunswick’s proposed cannabis regulatory scheme has been introduced. An initial press release was followed by the introduction of amendments to the New Brunswick Liquor Control Act, and the Motor…

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Pensions & Employee Benefits Update: Nova Scotia pension funding framework & regulatory review

October 24, 2017

Peter McLellan, QC & Level Chan In September 2017, Nova Scotia’s Department of Finance and Treasury Board announced that stakeholder input is being sought regarding potential permanent changes to the funding framework for defined benefit…

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Client Update: Cryptocurrencies: securities law implications

September 28, 2017

Andrew Burke & Divya Subramanian Securities markets around the world are grappling with new concerns: As fintechs make cryptocurrency offerings such as Initial Coin Offerings (ICOs), Initial Token Offerings (ITOs) or other digital token offerings,…

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