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sexual harassment

Quebec employers: Are your harassment policies up to snuff?

Because of significant changes proposed to Quebec’s Act Respecting Labour Standards, employers need to ensure that their harassment policies now cover psychological and sexual harassment.

 

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No right to sue employer for sexual assault by co-worker: WSIAT

Can an employee sue her employer if she is the victim of sexual assault at work by a co-worker? The Ontario Workplace Safety and Insurance Appeals Tribunal says no once again, “not if the employee is entitled to WSIB benefits.”

 

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30 tips for a reasonable workplace investigation

In Canada, a requirement to conduct a workplace investigation is triggered in case of harassment, sexual harassment or violence. What then is required of such a workplace investigation? In short, a “reasonable” investigation is required.

 

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(Don’t) Google it: practical lessons from the global walkout by Google’s employees

On November 1, 2018, thousands of Google employees from around the world – including in Canada – engaged in a coordinated walkout, leaving their respective offices to protest workplace harassment and inequality at the company.

 

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How are employers affected by Alberta’s increased protections against sexual and domestic violence?

domestic-violence

In protecting themselves against future liability, employers may find themselves stepping in line with the government, paving the way towards creating safe and respectful work environments within which employees’ conduct is held to a higher standard.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with eligibility for private health plans, salary increases in 2019 and sexual assault in the workplace.

 

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Granting intervener status in cases of sexual harassment – Victims can be more than just witnesses

In the recent Ontario Superior Court decision Render v. ThyssenKrupp Elevator, Master Andrew Graham found that an employee who claimed that a co-worker sexually harassed her could be granted intervener status at the co-worker’s trial for wrongful dismissal.

 

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Record human rights damage award for injury to dignity, feelings and self-respect: AB v Joe Singer Shoes Limited

The Human Rights Tribunal of Ontario has awarded a record $200,000 as a human rights damage award in the case of AB v Joe Singer Shoes Limited, where the employee suffered injury to dignity, feelings and self-respect resulting from repeated sexual assault and harassment.

 

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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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Just Cause – Workplace policies remain an important consideration in judicial decision making

Several factors worked against the employer in this case of just cause termination, but most significantly was the lack of robust written policies and procedures on discipline and proper employee training on harassment.

 

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Q&A: Who may be hired as a third party investigator to deal with workplace harassment complaints?

Is there any legislation that dictates who may or may not be hired as a third party investigator?

 

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$200,000 awarded by the HRTO for sexual harassment and assault of vulnerable employee

Employers would be well-advised to implement strong anti-discrimination, harassment and workplace violence policies which include provisions regarding processes, investigations and training.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with avoiding sexual harassment claims in the workplace, Occupational Health and Safety amendments and BC’s Family Day.

 

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Sexual harassment and Valentine’s Day

Employers need to be aware of the sexual tensions at play in an office, or risk being held liable for failing to address a poisoned work environment. For example, if two co-workers had a relationship and then broke up, and one is now showing revealing photos of the other around the office, this likely creates a poisoned work environment for the depicted employee. Though a manager may be tempted to deem the matter personal, the employer has an obligation to protect the employee.

 

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Sexual harassment house of cards

Another week, another list of public allegations of sexual abuse, sexual assault and sexual harassment against high profile men in the entertainment industry, politics and beyond. The onslaught of allegations, which began in earnest with the allegations against Harvey Weinstein, followed soon after by allegations against what appears to be almost every other man in Hollywood, created a #MeToo movement indicating that it is a rare occurrence for a woman to have not been abused or harassed, with many instances work-related.

 

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