First published on Monday, September 9, 2024
Last updated on Tuesday, September 10, 2024
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Welcome to HR Heartbeat, where we give you a rundown of the week's top employment law stories. Stay on the pulse of current trends impacting your business, plus get up-to-the-minute commentary on all things HR and legal.
Navigating workplace allegations: The case of blackberry and its former CMO
In a high-profile case that has captured significant attention, BlackBerry’s former Chief Marketing Officer, Neelam Sandhu, has taken legal action against the company and its CEO, John Giamatteo, alleging sexual harassment and subsequent retaliation.
Sandhu, who worked at BlackBerry for almost 15 years before being terminated in December 2023, filed her lawsuit in April. According to reports, Sandhu claims that Giamatteo, who became the president of the company’s cybersecurity division in October 2021, attempted to "get close to her" and even suggested they travel together.
Sandhu also recounted a dinner, initially understood to be a business meeting, where Giamatteo allegedly made inappropriate comments about being mistaken for "a dirty old man" when out with his daughters.
After reporting these incidents to BlackBerry, Sandhu alleges that she faced retaliation. She claims she was excluded from meetings and heard that the CEO wanted to push her out of the company. Eventually, Sandhu was informed that she was being terminated as part of a company-wide restructuring that affected over 200 employees.
In response, BlackBerry and Giamatteo have firmly denied the allegations, insisting that Sandhu's termination was due to organizational changes rather than her harassment claims.
As sexual harassment remains a critical liability concern, this case is a reminder to employers about the importance of their policies surrounding workplace relationships and harassment.
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Employer’s responsibilities in balancing mental health accommodations
A recent B.C. Human Rights Tribunal (HRT) decision indicates that accommodations for mental health disorders aren’t a “get out of jail free card” while pointing to the complexities of employer responsibilities in this area.
In a recent case, an employee with a brain injury and ADHD alleged that her Union, the Hospital Employees’ Union (HEU), discriminated against her during a grievance process following her termination. The Tribunal, however, dismissed her claim having found that the employee did not provide the necessary medical information until after her termination, which meant that her disabilities were not a factor in the Union's actions.
As mental health conditions are often invisible, it can be difficult to identify how they may be affecting job performance if employees don’t disclose their needs. Employers can’t accommodate for conditions they’re unaware of, which is why it’s crucial for employees to provide the necessary documentation proving their needs as soon as they’re hired.
To create a supportive environment, employers should promote policies that encourage disclosure and provide clear guidelines on the duty to accommodate. Employee and Family Assistance Programs (EFAPs) and disability providers can assist in managing accommodations without exposing sensitive details.
By understanding these responsibilities, employers can navigate the complexities of mental health accommodations more effectively, fostering a more inclusive workplace.
Need further insights? Ask Bright BrAInbox your questions on mental health in the workplace:
“How can I train managers on mental health concerns?"
“Can poor mental health be considered a disability?”
Expect changes to the Temporary Foreign Worker Program
Starting September 26, 2024, the federal government is tightening restrictions on the Temporary Foreign Worker (TFW) Program, particularly for the low-wage stream.
The government will no longer process Labour Market Impact Assessments (LMIAs) in census metropolitan areas with unemployment rates of 6% or higher, except for jobs in food security sectors, healthcare, and construction. This shows the government's aim to prioritize Canadian workers.
“The Temporary Foreign Worker program was designed to address labour market shortages when qualified Canadians were not able to fill those roles,” said Randy Boissonnault, Minister of Employment, Workforce Development and Official Languages. “Right now, we know that there are more Canadians qualified to fill open positions. The changes we are making today will prioritize Canadian workers and ensure the program meets the needs of our economy.”
The changes include a significant reduction in the number of low-wage foreign workers employers can hire. Starting September 26, employers will be capped at hiring no more than 10% of their total workforce through the TFW Program's low-wage stream, down from the previous 30%. Exceptions are granted for specific sectors, including primary agriculture, food processing, fish processing, healthcare, and construction.
Additionally, the maximum duration of employment for workers hired through the Low-Wage stream will be cut from two years to one year.
These adjustments follow the suspension of LMIA processing in Montreal for low-wage positions, effective September 3, 2024. The suspension, lasting six months, affects jobs paying below $27.47 per hour.
That's it for today! Come back next time for more HR news so you stay ahead of major employment law changes.
