Our firm celebrated the season with our team Christmas party this week.
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We dined at a chic french spot called Milou in Toronto’s west side, where we enjoyed some of the best French food I’ve had in this city.
After dinner we meandered over to a karaoke lounge where we crooned off key to ABBA, Madonna and Taylor Swift. It was fun, funny and rejuvenating.
It was one of those evenings I will remember for a long time. Throughout the night, we reminisced on the highlights of the year, which included some memorable moments in employment law.
In this reflective mood, what better time than now to review key employment trends from 2024.
Geopolitical tensions created tense workplaces for some: This past summer, the Toronto Pride parade was cancelled only a few short hours into the event after pro-Palestinian protesters blocked the parade from proceeding. This year, many employees took public positions online about geopolitical issues including the situation in Gaza, the U.S. presidential election and leadership in our own country. Employers had to navigate political discourse in the workplace and the controversy that came with it including potential liability.
RBC CFO termination leads to multi-million dollar wrongful dismissal case: Nadine Ahn sued RBC for $49 million in wrongful dismissal damages this year after she was terminated as the bank’s CFO due to an alleged undisclosed personal relationship between Ahn and a vice president in the bank’s treasury department. Ahn alleges in her claim she could have eventually been the firm’s CEO had she not been fired. While the damages claimed are huge, this case will lead terminated executives to ponder the true damages and impact of a termination. If a similar job is not out there, damages sought could go well beyond the notional two maximum in employment law.
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ChatGPT makes its way into Canadian courtrooms: In a B.C. family court case earlier this year, the court sanctioned a lawyer for filing a case brief with that court that relied on two non-existent cases that were discovered to have been invented by ChatGPT. In deciding whether costs should be awarded against the lawyer who filed the legal brief, the court found that citing fake cases in court filings and other materials handed up to the court is “an abuse of process and is tantamount to making a false statement to the court.” While the court noted “there was no chance here that the two fake cases would have slipped through,” Canadian courts need extra vigilance to ensure AI created fiction does not creep its way into our legal system.
DEI is on shaky ground: Diversity, equity and inclusivity initiatives in the workplace, often referred to as DEI, are weakening in our nation. Large corporations like Walmart, Lowe’s and Harley Davidson pulled DEI initiatives from their workplaces in the last year. A recent Leger poll showed only 28% of Canadians support equity hiring. While DEI mandates have failed the very communities they are trying to reach, with some evolution they should exist. As companies go global, diverse work forces give workplaces an edge against competitors. As Canada is home to a growing immigrant population, tapping into the unique skills and experience of this growing workforce makes good sense.
2024 was full of surprises and stories that meaningfully impacted the world of work. Bring on 2025!
Have a workplace problem? Maybe I can help! Email me at [email protected] and your question may be featured in a future column.
The content of this article is general information only and is not legal advice.