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harassment at work

When should an employer conduct a workplace investigation?

Under the common law, and specifically under Sections 25(2)(h) and 32.0.5 of the Occupational Health and Safety Act (Ontario), every employer has a duty to conduct a workplace investigation after an incident of workplace violence has allegedly occurred. In other words, if an employer gets a complaint about violence at work, or if the employer witnesses violence at work, it must conduct an investigation.

 

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Abuse of process to file human rights application after executing a full and final release

I recently read a case where a human rights claim was dismissed. After an employee had signed a full and final release with the employer and then filed a human rights application, the Ontario Human Rights Tribunal found that it amounted to an abuse of process. As the complaint covered the same subject matter as the release, the result was that the human rights claim was dismissed.

 

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