Under section 46.3 (1) of Ontario's Human Rights Code, an employer may be vicariously liable for the discriminatory acts of their employees. Such was the case in the recent Human Rights Tribunal decision.
balance of probabilities
This recent case provides a timely reminder for employers, employees, and their counsel that despite the requirements in a criminal prosecution, an employer does not have to prove allegations of misconduct “beyond a reasonable doubt” in the content of a wrongful dismissal claim.
How often do you undertake an internal investigation? In an environment where employers are under increasingly strict obligations to investigate workplace incidents over an increasing number of issues, employers in Ontario are facing more complaints...