Articles

In a decision rendered by the Ontario Superior Court of Justice in September 2009, four employees were found liable for damages for wrongful quitting.

When an employee is terminated without cause, or sufficient notice, the amount that the employer must pay in lieu of notice is based on the total compensation to which the employee had been entitled. As employers have become more creative in their methods of compensation, particularly at the more senior levels, the determination of what must be included in a termination package becomes more complicated.

Problems of conflict and sustainable resolution continue to be the subject of research and study in many universities in North America. According to experts, "the problems of human conflict and their peaceful resolution are much larger than any single discipline can capture." In other words, we must set conflict and resolution apart in order to understand the problem.

Communication without communicating is when people believe that they are talking with each other when in fact they are speaking over one another.

Whenever conflict arises, such as, the receipt of human rights or employment standards complaints, employers and / or employees rely on lawyers or consultants to help resolve the situation or provide representation and defense at a formal forum. The related stress in resolving workplace conflicts, including expenses and involving coworker's or close friends as witnesses, sometimes results in a poisoned work environment for not only the parties, but those indirectly involved as well.

Conflict in the workplace is natural, productive and healthy, but resolving it can be complex. Therefore, it is imperative that on-the-job-trained mediators are equipped with a broad understanding of effective conflict resolution practices through education beyond on-the-job training. Conflict resolution is only effective when it satisfies all the parties involved. 

What is driving the increase of workplace conflicts including formal human rights complaints and employment standards’ claims when there are so many law firms, equity consultants, and on-the-job-trained mediation officers and conflict resolution practitioners in the field claiming to assist employers to develop or review workplace policies, complaint resolution procedures and management training?

When does dancing become drudgery? When does laughter turn into tears? When does play become work? Every human activity follows a bell curve between pleasure and pain, from happy to sad, from anticipation to anxiety.

The Ontario Human Rights Code provides that "every person has a right to equal treatment with respect to employment without discrimination because of…disability." Disability is then defined quite broadly in s.10 of the Code to include physical, mental, or developmental disability. It also includes learning disabilities and mental disorders. The definition specifically mentions certain illnesses such as diabetes, epilepsy, blindness or deafness.

Criticism may not be agreeable, but it is necessary -- Winston Churchill. This is as true in law as it is in life. Here is a sampling of some of the questions I received this week and the cautionary advice I provided to those employees.