Willson Lewis LLP

Barristers and Solicitors

WORKPLACE RIGHTS AND

RESPONSIBILITIES:
Employee Rights and Employer Responsibilities

67 Mowat Avenue, Suite 346, Toronto, Ontario M6K 3E3, Tel: 416 534-9504 Fax: 416 534-9503
www.willsonlewis.com
Willson Lewis LLP
BIOGRAPHIES

CATHERINE E. WILLSON, B.A., LL.B., PARTNER

A longstanding member of the Ontario Bar Association, Catherine E. Willson is a founding
partner of Willson Lewis LLP, and has established a successful practice in employment law,
civil litigation, equine, collections, construction, and family law. She was an executive
member of the Canadian Bar Association (Ontario) – Civil Litigation Section. She is also a
member of the Advocates Society, the Association of Trial Lawyers of America, and the
Toronto Construction Association. Catherine is both the Chairman of the Risk Management
Committee and an Honourary Governor of the Royal Agricultural Winter Fair. Catherine is
the legal expert for the Canadian Federation of Independent Business (Member Services)
and is a regular speaker at legal and business conferences, an instructor at the University of
Guelph, and writes on legal issues for several national publications.

CRAIG A. LEWIS, B.A., LL.B., PARTNER

Has been practicing employment law since being called to the Bar. He received his
Bachelor of Laws degree from Queen’s University and was admitted to the Law Society of
Upper Canada in 1993. A member of the Ontario Bar Association, Advocates Society,
Canadian Association of Black Lawyers and the Metropolitan Toronto Lawyers Association.
Craig has been a speaker at Ontario Bar Association seminars concerning advocacy
matters and has litigated at all levels of Court in the Province. In his employment practice,
Craig has prepared employment contracts and independent contractor agreements. He has
provided advice on hiring, terminations packages and wrongful dismissal claims. He has
assisted clients in drafting employment policy manuals. Craig has extensive experience in
responding to human rights complaints.
Willson Lewis LLP
BIOGRAPHIES
MARLENE KAZMAN B.Sc., LL.B. - ASSOCIATE
Marlene was called to the Ontario Bar in 1993, having received her LL.B. from the University
of Western Ontario and completing her articles at one of the oldest law firms in Canada.
Marlene’s practice includes civil, matrimonial and construction lien law. Marlene has trial
experience at all levels of Court in the Province of Ontario, and she is a member of the
Ontario Bar Association and the Women’s Law Association of Ontario. Marlene is a frequent
contributing writer of legal information articles for the National Credit News.

STEFANIE NAVASCUES, B.A., LL.B. - ASSOCIATE

Stefanie Navascues was called to the Ontario Bar in 2003. After completing her articles with
the Ministry of the Attorney General, Stefanie entered private practice as an associate in a
boutique civil litigation firm. She has appeared before the Ontario Superior Court of Justice,
as well as the Ontario Court of Justice and various administrative tribunals. Stefanie
continues her practice in all areas of civil litigation. Stefanie is a member of the Ontario Bar
Association, the York Region Law Association, and is also a member of the Ontario Trial
Lawyers' Association. Stefanie is fluent in Spanish, and has a good working knowledge of
French and Italian.

AIMEE COLYER, B.A., LL.B. – ASSOCIATE

Aimee was called to the Ontario Bar in 2007. After completing her articles with Willson Lewis
LLP, Aimee practised as an associate with two large Bay Street firms. In 2009, she returned
to the firm to practice family law and civil litigation. Aimee is a member of the Ontario Bar
Association.
Our experienced counsel practice:
Civil Litigation
 dispute resolution
 court actions, applications,
injunctive relief
 commercial disputes
 personal disputes
 mediation and arbitration

Employment Law
 employment contracts and
consulting agreements
 wrongful dismissal
 conflicts in the workplace
 termination packages
Our experienced counsel practice:
Construction Law
 construction projects (general contract/project
management/design build)
 preparation of construction contracts
 tender advice and resolution of disputes
 negotiation and litigation of construction disputes
including lien actions and breach of trust issues

Family Law
 divorce, separation, custody, support,
property issues
 separation agreements
 cohabitation and marriage contracts
 settlement negotiation and mediation
Our experienced counsel practice:

Equine Law
 Dispute resolution, litigation
 purchase and sale agreements,
boarding agreements and leasing
agreements
 co-ownership agreements and
syndications
WORKPLACE RIGHTS AND
RESPONSIBILITIES

Employee Rights and Employer

Responsibilities
RELEVANT LEGISLATION RE:
WORKPLACE CONDUCT

 Ontario Human Rights Code

 Canadian Human Rights Act

 Occupational Health and Safety Act

 RELEVANT LEGISLATION RE:
WORKPLACE CONDUCT
Human Rights Code, s.5(1), 5(2) and 7(2)
S. 5(1) Every person has a right to equal treatment with respect to employment
without discrimination because of race, ancestry, place of origin, colour, ethnic
origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital
status, family status or disability. R.S.O. 1990

s. 5(2) Every person who is an employee has a right to freedom from harassment in
the workplace by the employer or agent of the employer or by another employee
because of race, ancestry, place of origin, colour, ethnic origin, citizenship,
creed, age, record of offences, marital status, family status or disability

s. 7(2) Every person who is an employee has a right to freedom from harassment in
the workplace because of sex by his or her employer or agent of the employer or
by another employee. R.S.O. 1990, c. H.19, s. 7 (2).
RELEVANT LEGISLATION RE:
WORKPLACE CONDUCT

Canadian Human Rights Act, s. 14(1)

Section 14 (1) of the Act states that harassment is a discriminatory practice
with respect to:
(a) in the provision of goods, services, facilities or accommodation
customarily available to the general public,
(b) in the provision of commercial premises or residential
accommodation, or
(c) in matters related to employment,
to harass an individual on a prohibited ground of discrimination
RELEVANT LEGISLATION RE:
WORKPLACE CONDUCT
Occupational Health and Safety Act, Bill 168

Currently, employers who contravene the Act are guilty of an offence and face fines pursuant to
section 66.
Bill 168 will amend section 1 (1) to include the following definitions:
"workplace harassment" means engaging in a course of vexatious comment or conduct against
a worker in a workplace that is known or ought reasonably to be known to be unwelcome;
"workplace violence" means,
(a) the exercise of physical force by a person against a worker, in a workplace, that causes or
could cause physical injury to the worker,
(b) an attempt to exercise physical force against a worker, in a workplace, that could cause
physical injury to the worker,
(c) a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise
physical force against the worker, in a workplace, that could cause physical injury to the worker.
The Bill will require employers with more than 5 employees to develop a program to implement a
workplace harassment policy. The program must include measures for workers to report
incidents of workplace harassment and set out how the employer will deal with incidents and
complaints of workplace harassment.
HARASSMENT IN THE WORKPLACE

Types of Harassment:
Sexual – “intimidation, bullying or coercion of a sexual
nature, or the unwelcome or inappropriate promise of
rewards in exchange for sexual favours”.

Non-Sexual Bullying or verbal abuse

Unwarranted Discipline - where the employer's

treatment of the employee makes continued
employment intolerable
EMPLOYEE RIGHTS

 Internal Complaint to Human Resources

or management

 Human Rights complaint under the Code

 Stress Leave/Disability (if available)

 Civil Action/Constructive Dismissal

EMPLOYER RESPONSIBILITIES

 Employment Contracts

 Policies (Harassment, Internet Use)

 Training

 Monitoring

 Discipline
EMPLOYER RESPONSIBILITIES

Employment Contract and Policies

 Outline what behaviour is not acceptable in
the workplace
 Set out the employer’s expectations
regarding proper conduct in the workplace
 Advise what range of disciplinary action will
be taken should an employee be found to
have breached the policy
EMPLOYER RESPONSIBILITIES

Investigation
 Assess the complaint
 Appoint an investigator
 Conduct interviews
 Make interim decisions on
complainant/respondent
 Process evidence and interview additional
parties
EMPLOYER RESPONSIBILITIES

Discipline - breach of the policy

constitutes cause for discipline, up to
and including termination of
employment
HUMAN RIGHTS COMPLAINT

 Usually arises after the Employer has either failed

to respond to a complaint or has made a decision
with which the Complainant disagrees

Under the current system an applicant may bring

their complaint directly before the Ontario Human
Rights Tribunal

 Within this system a complaint may be resolved by

adjudication or mediation
DISABILITY BENEFITS

 If the harassment results in severe mental

distress it may result in a claim for short-term
or long-term disability, if available

 Workplace stress has rapidly becoming one

of the most popular causes for employee
absence and disability claims
CIVIL ACTION

Constructive Dismissal
 Where the employer's treatment of the
employee makes continued employment
intolerable the employee may successfully
argue that they were forced to resign and
claim constructive dismissal.
 See Shah v. Xerox (Ont. C.A.) to be
discussed later
APPROPRIATE COMPUTER USAGE

Employer Policies are used to:

 Define use of Information Technologies
 Communications guidelines
 To Support Discipline
 To prevent breach of confidentiality
INAPPROPRIATE COMPUTER USAGE
(OFFENSIVE DOWNLOADS AND E-MAILS)

 Not a right but a privilege subject to limitations set by

employer
 Useful tool for work with potential for abuse
 Policies required re: propriety
 Effective balance of personal needs of employees
and business interests
 Minimizing abuses
 Reducing inefficiencies
 Maximizing beneficial uses of business tools
 Eastern Ontario Catholic District School Board v.
O.E.C.T.A
QUESTIONS?
Willson Lewis LLP
Barristers and Solicitors

WORKPLACE RIGHTS AND

RESPONSIBILITIES:
Employee Rights and Employer Responsibilities

67 Mowat Avenue, Suite 346, Toronto, Ontario M6K 3E3, Tel: 416 534-9504 Fax: 416 534-9503
www.willsonlewis.com