We are pleased to share a recent The Hill Times article, “Cyberbullying more common for adults than children during pandemic, say experts,” with quotes from Andrew Shaw. This article discusses adults who work in fields related to COVID-19 have been at greater risk of being targeted with online forms of harassment during the pandemic, including
Employee Misconduct
Ontario Court of Appeal Outlines a New, More Onerous Version of the ESA’s Wilful Misconduct Standard


In Render v. ThyssenKrupp Elevator (Canada) Limited Group, the Ontario Court of Appeal redefined wilful misconduct under the Employment Standards Act and confirmed the modern day approach to assessing sexual harassment in the workplace.
The Decision
Mark Render was terminated for cause after slapping a female co-worker on her behind. The trial judge found…
Ignorance of Fraud is No Defence: Employer Vicariously Liable for Rogue Employee

We thank Glenn Gibson, John Pirie & Michael Nowina for this post.
In an unreported judgment Pallotta v. Cengarle, Court file CV-16-56337 released on February 27, 2020, Faieta J. found real estate lawyer Licio Cengarle vicariously liable for his clerk’s mortgage fraud scheme as well as for breach of trust. This case is a cautionary tale for professionals and employers about the need for internal controls.
Continue Reading Ignorance of Fraud is No Defence: Employer Vicariously Liable for Rogue Employee
New Workplace Harassment and Violence Prevention Regime for Federally Regulated Employers
As of January 1, 2021, the new stand-alone Work Place Harassment and Violence Prevention Regulations (the “Regulations”) will come into force to ensure employers prevent harassment and violence in federally regulated industries and workplaces. The Regulations will apply to all federal work places covered under Part II of the Canada Labour Code (the Code), including the federally regulated private sector, the federal public service and parliamentary work places. It will replace Part XX (violence prevention) of the Canada Occupational Health and Safety Regulations (COHSR), as well as portions of two other regulations that include violence prevention provisions.
Key Takeaways
Once the Regulations come into force, employers must:
- Prepare the workplace harassment and violence prevention policy working jointly with the policy committee, the workplace committee, or the health and safety representative;
- Assess the risk of workplace harassment and violence;
- Inform and train employees, and participate in training themselves;
- When an incident of harassment or violence is reported, respond within seven days;
- Keep records on every incident of harassment and violence in the workplace and report annually to the Labour Program; and
- Implement corrective measures in response to the investigation report of an investigator to prevent future occurrences of harassment and violence.
Better to Know About It: Encouraging Reporting of Workplace Wrongdoing

We’re pleased to share a recent Canadian HR Reporter article, “Whistleblowers fear job loss, disclosure, retaliation”, with insight from Andrew Shaw. The article discusses the reasons why employees may be reluctant to report instances of wrongdoing by coworkers or members of management and what employers can do to facilitate legitimate complaints being brought forward.…
Is Your Workplace Prone to Sexual Harassment? 5 Warning Signs to Watch For


One of the clearest messages from the #MeToo movement has been that sexual harassers need to be held accountable for their actions. This message has resonated with employers and most now appreciate that they need to promptly investigate and appropriately address misconduct once they become aware of it. But employer obligations extend beyond remedial action and include, in Ontario and other jurisdictions, implementing preventative policies and educating employees on the policies.
However, a new US research report indicates that policies aren’t enough and employers need to pay attention to certain warning signs in the workplace to effectively stem sexual harassment. The report’s authors contend that organizational climate is the greatest determinant of sexual harassment occurring in a workplace. In fact, corporate culture can either encourage or discourage an employee to harass, according to the authors.
Continue Reading Is Your Workplace Prone to Sexual Harassment? 5 Warning Signs to Watch For
Employee’s Silence About Fraud Leads to $20 Million Civil Judgment for Employer

A recent decision from the Ontario Superior Court demonstrates the overlap between civil and criminal findings, and how an employer can use a criminal verdict to recover additional damages in a civil claim. In Atlas Copco Canada Inc. v. David Hillier 2018 ONSC 1558, rendered March 7, 2018, an employer “piggybacked” off of a…