As Ontario employers are aware, the Occupational Health and Safety Act sets out the obligations of employers when it comes to workplace safety. OHSA contains specific provisions which deal with how employers must deal with workplace violence and harassment, including a mandatory investigation provision for workplace harassment.
These days, allegations of “harassment” or “bullying” can make people tense up very quickly. Understandably so as reputations are at stake and missteps can be costly – like, in the landmark case of Boucher v. Walmart Canada Corp where the retailer was ordered to pay damages totalling $410,000 plus 20 weeks’ salary for conducting a shoddy in-house investigation following allegations of workplace bullying and harassment.
On October 29, 2020, the Office of the Privacy Commissioner of Canada announced the findings of a joint investigation by Office of the Privacy Commissioner of Canada, Office of the Information and Privacy Commissioner of Alberta, and the Office of the Information and Privacy Commissioner for British Columbia that examined whether the Cadillac Fairview Corporation Limited was collecting and using personal information of visitors to its Canadian malls without valid consent using Anonymous Video Analytics technology installed in wayfinding directories and mobile device geolocation tracking technologies.