Canada: School Board Found Liable For Student’s Harassment Of A Teacher

In the recent case of Malko-Monterrosa v. Conseil Scolaire Centre-Nord1, the Alberta Human Rights Tribunal recently heard a complaint filed by Ms. Malko-Monterossa, a teacher who alleged that the Conseil Scolaire Centre-Nord discriminated against her on the grounds of race, colour, gender and ancestry when it failed to protect her from a prolonged campaign of harassment by a student of the school board.

Stating the test for workplace harassment as “unwelcome conduct related to prohibited […]

By | February 5th, 2015 ||

Canada: Court Of Appeal Of Alberta Upholds Employers Anton Piller Order

Among the Court of Appeal of Alberta’s first decisions of the New Year, was its decision in Peters & Co Limited v Ward, 2015 ABCA 6 (CanLII), regarding the matter of an Anton Piller Order obtained by an employer, an investment firm. The Order permitted the search and seizure of a former employee’s residences, vehicles, computer and other digital storage devices, and an office building, for property allegedly taken from the employer.

Anton Piller Orders […]

By | February 4th, 2015 ||

United States: New York Federal Court Finds That The Fair Labor Standards Act Does Not Require An Employer To Compensate An Employee For Time Spent At Mandatory Alcohol Counseling And Treatment Sessions

Employers do not have to pay their employees to attend mandatory alcohol counseling and treatment sessions, according to a New York Federal court.  In reaching its decision, the court concluded that employee attendance at these sessions does not constitute “work”, and even if it did, then the employer still would not have to pay for this time because it would be considered a non-compensable postliminary activity.  The decision is encouraging, especially because it will […]

By | February 4th, 2015 ||