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THE “RIGHT” TO PART-TIME EMPLOYMENT For many workers with children and aging parents involves a complicated juggling act between the responsibilities of the workplace and the needs of their families. Often the requirements of family life are addressed through a shortened or reduced work week. The issue of the management right to direct and set hours of work within employment was recently addressed in Dechene v. Khurrum Ashraf Dentistry (2012) ONSC 4594.

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.

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 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 find out about it when their employment is terminated. At that point they seek advice, but by then it is a problem because they are being reactive rather than proactive. ..

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.

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 not, that there was no such relationship. But the situation changes when the person making the allegation produces an e-mail which is clearly supportive of his or her position. Documentary evidence is really important because it’s hard copy and it affects credibility.

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.

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.

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 are made by a person’s boss or superior. Sexual harassment includes unnecessary physical contact such as touching, patting, pinching, leering, kissing and hugging. It also includes verbal harassment.