An Alberta labour arbitrator just decided that an employer failed to take the appropriate steps in preventing harassment of an employee by her co-workers under the Occupational Health and Safety Act. Although the employer was found to have failed to protect the employee from harassment, no additional relief against the employer was necessary given that the employee who was harassed was ultimately the author of her own fate.
I sometimes refer to the probation period as the Rodney Dangerfield of employment law (for those of you not old enough to know, that means it gets no respect). But few legal mechanisms can be more effective in getting employers out of employment relationships which seemingly have no future. But probation periods don’t just happen by magic. The employer must take certain steps to ensure it has gained the benefit of a probation period. (In PDF)
On February 17, 2012, the Ontario Human Rights Tribunal issued a decision finding that an employer had violated the Human Rights Code by failing to accommodate an employee with a disability. The case of discrimination in this case took place in 2004, but it was only on March 14, 2013, that the tribunal issued a remedial order arising from that discrimination and had to also deal with a jurisdictional challenge.
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