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workplace sexual harassment

Workplace investigations that are required or recommended

Until the last few years formal workplace investigations were relatively uncommon. Recent changes to the law however have totally changed the legal landscape relating to workplace investigations. To reduce legal exposure and save costs, I believe most employers should ensure that at least one employee receives workplace investigation training. This blog discusses four scenarios where workplace investigations are required or recommended.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: 2017 CPP contribution rates; the topic of an employee’s failure to mitigate their wrongful dismissal damages; and a case regarding an employee’s termination for just cause after claims of sexual harassment in the workplace.

 

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OHSA workplace harassment amendments to take effect September 8, 2016: Are you ready?

“Bob is harassing me.” Your spidey senses should be tingling, because some kind of investigation should be taking place soon. If not, consider what happened when an employee at CBC complained about Jian Ghomeshi and was ignored or when an employee at the TO2015 Pan American games complained about David Peterson and her complaint was allegedly not taken seriously. Here are three questions to consider when someone makes a harassment complaint.

 

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Apology for workplace sexual harassment

It was recently reported in the media that after signing a peace bond, Jian Ghomeshi apologized in court on May 11, 2016, for his “sexually inappropriate conduct” towards a former co-worker who accused him of sexually assaulting her. Following the apology, the Crown withdrew the criminal charge of sexual assault for which Ghomeshi was slated to stand trial on June 6, 2016.

 

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Employers upcoming responsibilities regarding sexual harassment in Ontario

On March 8, 2016, Ontario Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016, received Royal Assent. Schedule 4, which deals with changes to the Occupational Health and Safety Act regarding workplace harassment, comes into force September 8, 2016. The changes will do a few of the following things.

 

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Sex based discrimination and poisoned work environment

Does an employee have to be “sexually” harassed in order for there to be a breach of the Human Rights Code? This issue was determined in a recent decision from the Human Rights Tribunal of Ontario.

 

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Jian Ghomeshi verdict expected March 24 2016

As you may know, a criminal trial, R v Ghomeshi, took place this year to address allegations of sexual assault against several victims and concluded just last week. It was announced that the verdict in the Ghomeshi criminal trial will be handed down March 24, 2016. However, the evidence submitted during the criminal trial and its outcome is very different from the workplace aspect of this case.

 

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Sexual harassment becoming a health & safety issue in Ontario

On October 27, 2015, the Ontario government tabled Bill 132, Sexual Violence and Harassment Action Plan Act which, among other things, amends the Occupational Health and Safety Act to make workplace sexual harassment a health and safety issue.

 

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Ontario Human Rights Tribunal decision offers clarity on workplace sexual harassment

With the allegations against CBC Radio personality Jian Ghomeshi dominating the news over the past several weeks, it is useful to examine how the Ontario Human Rights Tribunal addressed allegations of workplace sexual harassment in the recent case of Horner v. Peelle Company Ltd. (2014) HRTO 1211.

 

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