Successful Dismissal for Addiction Dependency by Establishing Undue Hardship on Employer

When it comes to the tough decision to dismiss an alcohol or drug addicted employee, many companies spend a lot of money, incur significant management, staff and operational disruption, and risk reputational damage, just to avoid the judicial system. Well, not that I always trust the judicial system for consistent and reasonable decisions, emplo...
Posted: 5/8/2013 8:44:13 AM by MSI

Bill 168 and Corporate Governance in Canada - Between a Rock and a Hard Place

Bill 168, here, amended the Occupational Health and Safety Act, here, to add new workplace violence rules. As most enterprise risk management is driven by policies and procedures, many internal and outside lawyers have been creating company rules to help demonstrate compliance with the new laws. The intent is to put the onus on management to ...
Posted: 5/30/2012 4:53:17 PM by MSI

Employment Risk in Canada

Mitchell Sandham is again excited to have an article featured in Canadian Insurance Top Broker Magazine, called “Employment Risk in Canada” by Greg Shields.  Please click here to access the article featured in CI Top Broker. http://www.citopbroker.com/news/employment-risk-in-canada-2699Greg Shields is a D&O, Professiona...
Posted: 9/23/2011 12:00:00 AM by Global Administrator

Theft of Company Documents: Employment Practices Liability (EPL) – A Loss Control Opportunity

I don’t like to post US case law, but this situation presents a good loss control opportunity for Canadian companies. This decision, reached on December 2, 2010, is an interesting EPL case. In Joyce Quinlan v. Curtiss-Wright Corporation, the New Jersey Supreme Court found that an employee (even the Executive Directors of HR) can search for...
Posted: 2/8/2011 12:00:00 AM by Global Administrator

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