Last month, the provincial government passed into law Bill 148, the Fair Workplaces, Better Jobs Act, 2017. This Act brings with it significant changes to employment law in Ontario for both employees and employers. In particular, Bill 148 will overhaul parts of the Employment Standards Act, the Labour Relations Act and the Occupational Health and Safety Act.
As December arrives, our minds turn to the holidays: turkey, eggnog, and a long-lived tradition — the office christmas party.
The office christmas party is a time for colleagues to relax a little and celebrate the coming season, and an opportunity for management to show their staff appreciation for another year of hard work.
Misconduct at work is typically met with discipline or, if particularly bad, perhaps dismissal. There are occasions, however, where employee misconduct will also merit criminal charges. One such high profile example is R. v. Cole where Mr. Cole, a high school teacher, was found to have stored nude and semi-nude photos of an underage female student on his work-provided laptop. Mr. Cole lost his job and was charged with possession of child pornography.
A more recent criminal case that was borne out of workplace misconduct, and resulted in termination and criminal charges, is R. v. Dewan. This case came before the Ontario Court of Appeal in October 2014.