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sexual assault

Defending a lawsuit is not the new black, or: If you stick your head in the sand for six years, the most likely outcome is suffocation

You have probably heard about the recent allegations of sexual assault against a WestJet pilot, and how WestJet failed to properly handle the allegation. Here is a quick summary: a former WestJet flight attendant, Mandalena Lewis, has filed a claim in the B.C. Supreme Court alleging that, after she reported that she was sexually assaulted on a layover in Hawaii in 2010, WestJet did not properly investigate the allegation. In fact, they chose to protect the pilot and eventually fired her for pursuing the matter.

 

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Sending a signal to harassment perpetrators and employers alike

Ontario courts are rightly increasing their protection of employees from harassment and assault in the workplace. This case serves as a strong deterrent to employers and employees who do not comprehend or acknowledge the severe implications of their actions.

 

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#ghomeshi verdict in: Acquittal on all sexual assault charges

On March 24, 2016, Ontario Court Justice William Horkins delivered his ruling: Ghomeshi has been acquitted of all sexual assault charges.

 

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Vicarious liability claim provides warning to employers sponsoring staff parties – employers must ensure supervision and control

Employer-sponsored staff parties and social events are seen to be an opportunity for organizations to show appreciation and to build good will with employees. In spite of these positive aspects, a recent decision of the Ontario Superior Court of Justice may serve as warning that employers must exercise caution when hosting such events.

 

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Damage awards for sexual harassment/sexual assault on the rise

Last month, I wrote about a vulnerable, low paid employee who obtained $150,000 from her former employer by filing a complaint under the Ontario Human Rights Code. This month, I am writing about a vulnerable, low paid employee who obtained $300,000 from her former employer using Ontario’s court system.

 

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Employer sexually harassed adolescent employee

The Yukon Human Rights Board of Adjudication just found that a teenaged employee was sexually harassed by her employer with persistent unwelcome sexual conduct. This finding was underscored by the power imbalance, age difference and generational communication issues present. That said, the harassment was considered to be at the most mild end of the spectrum of sexual harassment.

 

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‘Invitation to harass?’

By now, most of us have heard about a controversial decision of the Manitoba Court of Queen’s Bench in which Justice Robert Dewar sentenced a man found guilty of sexual assault to a two year conditional sentence, allowing him to remain free in the community and avoid any jail time.

 

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