First Reference Talks » workplace harassment

Posts Tagged ‘workplace harassment’

Is training a wise investment?

Monday, January 9th, 2012

Valuable information can come from diverse sources. Consider this case I uncovered via the daily commuter newspaper: a female employee complained that a third-party service provider harassed her. The incident took place on the employer’s premises, but the alleged harasser was not employed directly by the employer. He was employed by the company that serviced the company’s office photocopiers…

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Tags: harassment, harassment prevention policy, harassment training, human rights tribunal, sexual harassment, third parties, Wamsley v. Ed Green Blueprinting, workplace harassment, workplace harassment investigations
Posted in Employee Relations, Human Resources, Human Rights, Training and Development | Make a Comment »

Important lessons for employers and lawyers on workplace harassment investigations

Friday, November 18th, 2011

A hospital employee faced complaints of workplace harassment from co-workers, and the hospital imposed discipline on him, including a demotion. The employee’s union subsequently filed a grievance with the labour relations board. The hospital retained the services of an independent outside investigator who was also a practicing lawyer. When the union requested access to the investigation report, the hospital claimed solicitor-client privilege, and refused to hand it over…

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Tags: access to documents related to the investigation, Bill 168, bullying, employment law, grievance, harassment complaint, investigation report, investigator, occupational health and safety act, OHSA, ontario, Ontario Labour Relations Board, reprisal, solicitor-client privilege, third-party investigator, workplace harassment, workplace harassment investigations, workplace investigation
Posted in Health and Safety, Human Resources, Union Relations | Make a Comment »

Landmark decision gives insight into workplace harassment and employer reprisal

Friday, October 21st, 2011

The Ontario Labour Relations Board has provided what some believe to be the most significant legal interpretation yet of workplace harassment and employer reprisal in the context of the recently enacted Bill 168 amendments to the Occupational Health and Safety Act (OHSA). The case, Conforti v. Investia Financial Services Inc., 2011, was decided on September 23, 2011.

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Tags: Bill 168, compliance, discipline, employment law, harassing email, occupational health and safety act, OHSA, ontario, reprisal, right to refuse work, risk assessment, termination, termination for cause, termination for harassment complaint, vexatious comment or conduct, whistleblowing, workplace harassment, workplace harassment investigation, workplace violence
Posted in Employee Relations, Finance and Accounting, Health and Safety, Human Resources, Human Rights, Internal Controls | Make a Comment »

Does over-sensitivity lead to harassment? The preventive value of respect

Tuesday, October 11th, 2011

“Excessive claims of workplace harassment are a sign that our society has become far too sensitive and it really needs to stop.” This is the message I received from workshop participants this week during a group discussion on the topic of the prevention of workplace harassment and discrimination. But is it true?

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Tags: Bill 168, discrimination, employment law, harassment, harassment prevention, healthy workplaces, human rights code, illness, lost time, offensive speech, OHSA, Ontario Occupational Health and Safety Act, over-sensitive, respect, sexism, stress, workplace harassment, workplace violence
Posted in Employee Relations, Health and Safety, Human Resources, Human Rights | 2 Comments »

Can I be disciplined for off-duty behaviour?

Tuesday, September 27th, 2011

“I am at a party on my day off and a coworker hurls racial insults at me or makes sexual suggestive comments to me.” Am I protected by my employer’s harassment and discrimination policy? Likewise, if I am the one doing the hurling or suggestive commenting, am I subject to discipline under my employer’s policies?

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Tags: Bill 168, canadian employment law, discrimination, Dismissal, employee discipline, employment law, harassment, HR issues, off-duty acts, off-duty conduct, off-duty hours, policies and procedures, policy manual, prevention workshops, terminations, workplace code of conduct, workplace harassment, wrongful dismissal
Posted in Employee Relations, Human Resources, Human Rights | 4 Comments »

Employers must now treat verbal threats as serious offences under the OHSA’s definition of workplace violence

Wednesday, September 14th, 2011

A recent labour arbitrator’s decision—to uphold the City of Kingston’s right to terminate a 28-year employee for issuing a verbal threat against a co-worker—was based in large part on the arbitrator’s view that “the classification of threatening language as workplace violence” under the Occupational Health and Safety Act represents a “clear and significant change” to the law in Ontario.

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Tags: Bill 168, employment law, inappropriate language, occupational health and safety act, OHSA, ontario, Ontario Labour Relations Act, proportionality, safe workplace, security, termination for cause, threat, threat of violence, uttering threats, verbal threats, violence, workplace harassment, workplace investigation, workplace violence
Posted in Employee Relations, Health and Safety, Human Resources, Human Rights, Internal Controls | 2 Comments »

Facebook, privacy and the workplace

Monday, August 22nd, 2011

You might have heard about the case in which two car dealership workers were fired for cause after they wrote offensive and harassing messages on Facebook about their employer and managers.

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Tags: facebook, Facebook firing, policy, privacy, social media, social media policy, social networking, termination, workplace harassment
Posted in Human Resources, Human Rights, Internal Controls, IT, Privacy and Security, Privacy and Security | Make a Comment »

Cyber-libel and the quest for information about workplace bullying

Tuesday, July 26th, 2011

Without any question whatsoever it is smart for organizations and those who manage them to address issues of workplace bullying. It is not only smart but, since about this time last year, it is the law!

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Tags: bullying, cyber-libel, employment law, harassment, incidents of harassment in the workplace, occupational health and safety act, workplace bullying, workplace harassment
Posted in Employee Relations, Health and Safety, Human Resources | Make a Comment »

Workplace violence and privacy: what’s the connection?

Tuesday, June 28th, 2011

So here’s a question to ask yourself—what are your legal obligations under Ontario law when you see an online photo of your worker committing violent acts?

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Tags: 12th Annual Ontario Employment Law Conference, Bill 168, employment law, facebook, harassment, health and safety, Kelly McDermott, occupational health and safety act, OH&S, OHSA, ontario, policies and procedures, Rioting, social media, Stanley Cup playoffs, Stringer Brisbin Humphrey, termination, twitter, workplace harassment, workplace violence, wrongful dismissal
Posted in Conferences, Health and Safety, Human Resources, Privacy and Security | Make a Comment »

Bill 168, workplace violence and harassment provisions in OHSA – A year in review – Learn the latest

Wednesday, May 25th, 2011

Nearly one year ago, the Ontario government enacted Bill 168, which added workplace violence and harassment provisions to the Occupational Health and Safety Act. Many employers were ready, but many are still scrambling to comply, which, among other things, includes developing written policies to address both violence and harassment at work and to review those policies at least once a year.

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Tags: Bill 168, Due diligence, employment law, measures and procedures, MOL inspections, non-compliance, occupational health and safety act, OHSA, Ontario Ministry of Labour, policies and programs, risk assessments, training, Training of employees, workplace harassment, workplace violence, workplace violence and harassment, written policies
Posted in Conferences, Health and Safety, Human Resources | Make a Comment »

Don’t sweep harassment under the carpet

Tuesday, May 10th, 2011

Occupational health and safety law and human rights law both prohibit reprisals, threats and intimidation against a person for exercising their rights. Employers can be liable for stiff financial penalties for permitting this unacceptable behaviour…

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Tags: allegations of abuse, Bill 168, canadian employment law, complaint process, employment law, harassment, human rights code, intimidation, occupational health and safety, occupational health and safety act, Ontario Human Rights Tribunal, policies and procedures, prevention, reprisals, threats, unacceptable behaviour, workplace harassment, workplace harassment and violence, workplace violence
Posted in Employee Relations, Health and Safety, Human Resources, Human Rights | 1 Comment »

The perpetuation of gender-based stereotypes is a form of sexual harassment

Tuesday, April 26th, 2011

Morris has been Everett’s supervisor for over six years. Recently Morris had hired several administrative assistants and was giving the new recruits a workplace tour. The entourage stopped near the area where Everett was working and Morris introduced everyone. “Everett is your go-to person, ladies, for advice on fashion, hair, make-up or anything else a girl needs to know these days.”

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Tags: discrimination, employment law, gender-based stereotypes, harassment, human rights code, ontario, Ontario human rights commission, sex discrimination, sexual harassment, sexual orientation, training, workplace harassment, workplace human rights
Posted in Human Resources, Human Rights | Make a Comment »

Slaw: Forwarding sexually suggestive humorous emails and workplace harassment

Friday, April 15th, 2011

We all know by now that emails sometimes get people in trouble—and some people get in trouble due to thoughtless emails. For instance, many people have lost their jobs after inappropriate use of email in the workplace. Forwarding emails within the workplace may carry drastic consequences for the sender, especially if unwelcome, lewd or sexually charged emails sent to co-workers and/or subordinates result in conduct that is prejudicial for the company.

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Tags: conduct that is prejudicial for the company, email in the workplace, employment law, Forwarding sexually suggestive humorous emails, Mrs Brown’s Boys, Mrs. Brown gets a bikini wax, sexual harassment, work email, workplace harassment, YouTube video
Posted in Health and Safety, Human Resources, Human Rights, Internal Controls, IT, Privacy and Security | 3 Comments »

‘Unwelcome behaviour’ in sexual harassment cases

Tuesday, April 12th, 2011

The question for Steve in this workplace scenario is: did you know your actions were unwelcome at the time of the occurrence?

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Tags: conduct and behaviour, Conduct training, discrimination, employment law, harassment, human rights code, incidence of harassment in your workplace, ontario, sexual harassment, training, Unwelcome behaviour, workplace harassment
Posted in Human Resources, Human Rights | 2 Comments »

Workplace human rights: Is this sexual harassment?

Tuesday, March 22nd, 2011

I am a workplace human rights trainer and I learn of some important real-life scenarios from my workshop participants. I am often asked to provide expert feedback. The following are two very interesting workplace human rights scenarios—I have changed the names of those involved:

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Tags: discrimination, employment law, gender discrimination, gender identity, harassment, human rights, human rights act, human rights code, prohibited ground under human rights legislation, sexual harassment, sexual orientation, training, workplace harassment
Posted in Human Resources, Human Rights | 2 Comments »