Forbes Chilibeck Employment Law

Our former Attorney General has admitted to surreptitiously recording a conversation. People are up in arms. The reality is, in 2019 why is anyone surprised or shocked by this? Lets put aside the fact that she is a lawyer and that whole issue for the moment, and think about this as if Ms. Wilson-Raybould were any other employee concerned about intimidation, harassment and bullying. The law does not restrict one from recording a conversation if that person is participating... in it and, where it only involves two players, consent is not needed. ‘Bugging’, however, is illegal. It feels a bit creepy, but the reality is, much of our lives are captured on some sort of recording devices - the bank machine, the dash-cam, cellphones... it’s not unusual to have your face, voice or other body parts show up on social media. It is the new norm. As an employment lawyer representing both employees and employers, I know people record difficult conversations without consent. Typically I see this happening when people feel threatened and are afraid that without a recording no one would ever believe their version of events. Almost always it is the weaker party that will subtlety record an exchange. Personally, I think somehow the recorders feel safer, knowing that people will have to believe them if they have the recording. Alone and behind closed doors bullies show their true character, when they think no one else will hear them. They rely on their ability to undermine the other person’s credibility if the victim pushes back. Trying to convince people that Jekyll is really Hyde without a recording can be crazy-making. Of the numerous recordings people have brought to me over the years, I am no longer shocked or surprised. I would now champion anyone who has the foresight and courage to record one-on-one calls and meetings with people who are harassing, threatening or bullying you. Otherwise no one would really believe many outrageous sexist, racist, abusive comments that have actually been said. I was talking to a good friend of mine and fierce litigator about this. She chuckled and aptly noted; every defence lawyer’s worst nightmare starts with one of two sentences - I have a recording or I have pictures. We are living in a time where there is a cellphone in every pocket. My advice? Just talk to people as if you are being recorded and the world will be a better place.

Over my years of practice in employment law, the Royal Ottawa has been a source of support and assistance to many clients and individuals facing unexpected transitions and challenges and with that in mind, I want to encourage everyone to come out in support at the Leaders for Mental Health Breakfast on October 3rd. This is going to be an incredible year!! https://www.facebook.com/events/876733265809868/?acontext=%7B%22action_history%22%3A%22[%7B%5C%22surface%5C%22%3A%5C%22page%5C%22%2C%5C%22mechanism%5C%22%3A%5C%22page_upcoming_events_card%5C%22%2C%5C%22extra_data%5C%22%3A[]%7D]%22%2C%22has_source%22%3Atrue%7D

After two years,The Changing Workplaces Review is completed and has potential to make a huge impact to labour and employment legislation in Ontario. Read more about it on our blog. http://www.employmentlawottawa.ca//the-changing-workplaces

Join me in congratulating Melanie Reist for receiving the Randall Echlin Mentorship Award! Details can be found below.

When is change too much? Read our recent blog post regarding Constructive Dismissal http://www.employmentlawottawa.ca//when-is-change-construc