Canada: Call It What You Want, It's Still Constructive Dismissal

Actions that would otherwise be justification for an employee to claim constructive dismissal cannot be transformed simply by “requiring” an employee’s relocation to another office or demanding that the employee accept an offer of alternative work.

In Shirbigi v. JM Food Services Ltd. (2014 BCSC 1927), the B.C. Supreme Court found that an employer could not mask the fact that it had constructively dismissed the plaintiff simply by relocating her place of work.

In Shirbigi, the […]

By | January 20th, 2015 ||

United States: DOL Final Rule Requires Contractors To Change Policies To Prohibit Discrimination On The Basis Of Sexual Orientation Or Gender Identity

On December 9, 2014, DOL published a final rule implementing Executive Order 13672—covered briefly in our October 2014 Quarterly—which extends non-discrimination prohibitions enforced by the Office of Federal Contract Compliance (“OFCCP”) to prohibit discrimination on the basis of sexual orientation or gender identity. 79 Fed. Reg. 72,985. The final rule, which is effective on April 8, 2015, does not substantially alter the existing equal employment opportunity regulations. Instead, the rule simply adds the categories […]

By | January 19th, 2015 ||

Canada: A Global Guide To Whistleblowing Laws

The widespread introduction of legislation protecting the actions of ‘whistleblowers’, and increased public expectations of global corporate accountability, mean that businesses need to adopt a proactive approach to managing allegations or disclosures that point to misconduct within their organisation. Not understanding the law surrounding whistleblowing can be costly for businesses in terms of potential claims as well as damage to reputation.

Whistleblowing is a high priority on international and national anti-corruption agendas, and is continuing […]

By | January 19th, 2015 ||