Don’t be a René Redzepi — a demanding work culture is no defence for mistreating employees

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Even more troubling are the reports of physical intimidation and violence. If similar conduct occurred in Canada, it would violate workplace safety legislation and expose the employer to significant civil liability, quite apart from criminal assault.

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A useful illustration is Osmani v. Universal Structural Restorations Ltd., in which a supervisor physically assaulted an employee, issued threats and used racial intimidation tied to the employee’s immigration status. The court responded with nearly $300,000 in additional aggravated, punitive and human-rights damages.

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Some former Noma staff have also described a culture where interns allegedly worked seventy-hour weeks without pay while the restaurant commanded extraordinary prices and global acclaim. They say many were reluctant to complain for fear of retaliation or being blacklisted in the industry.

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None of this means employers must abandon high standards. Canadian law recognizes the right of employers to manage performance — even strictly. A demanding manager who insists on excellence is not, by definition, abusive. The law just draws a line.

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The safest way to remain on the right side of that line is structure. Performance management should follow a clear and defensible process: progressive discipline that moves from coaching and verbal warnings to written warnings and, where necessary, suspension or termination for cause.

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Performance improvement plans should identify specific deficiencies, establish measurable expectations and provide employees a reasonable opportunity to improve. Every step should be documented.

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The same discipline should apply to hiring. Many workplace conflicts begin with poor recruitment. Employers who rush hiring often create far greater problems than those caused by temporarily leaving a position vacant.

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Thorough reference checks, behavioural interviews and clear communication about job expectations dramatically reduce the likelihood of hiring someone unsuited to the pressures of a demanding workplace. Meeting candidates in person can reveal communication style, professionalism and interpersonal skills that are far more difficult to evaluate remotely.

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Canadian courts recognize that criticism, discipline and even blunt feedback can be legitimate when delivered professionally. But when management crosses the line into harassment or abuse, the legal and reputational consequences can be severe.

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For decades, Noma’s extraordinary success was attributed to innovation, creativity and exacting standards. Yet the recent allegations now overshadow that legacy.

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In today’s workplace, toxic culture rarely stays hidden. Employees speak publicly, journalists investigate and reputations unravel quickly. Social media ensures that.

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Employers can and should demand excellence, but when excellence is pursued through intimidation or abuse, both the public and our legal system will eventually respond.

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Howard Levitt is senior partner of Levitt LLP, employment and labour lawyers with offices in Ontario and Alberta, and British Columbia. He practices employment law in eight provinces and is the author of six books, including the Law of Dismissal in Canada. Lavan Narenthiran is an associate at Levitt LLP.

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