#metoo

Believing women while remaining neutral: Conducting sexual harassment and sexual violence investigations in a post-#metoo world

September 4, 2019 Rubin Thomlinson LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, 2

As in all investigations, the only way to sort out information that does not seem to make sense is to ask. In the case of complainants who may have experienced a traumatic event, asking such questions in a calm, non-judgmental way is more important than ever.

#metoo, credibility assessments, employment law, investigations, sexual abuse, sexual assault, Sexual violence, traumatic events, workplace investigations

Labour arbitrator grants interim protection for complainant of workplace sexual harassment

July 15, 2019 Vey Willetts LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

Since the onset of the #metoo movement, Canadian society has been paying attention to (and grappling with the consequences of) sexual harassment to a previously unprecedented degree. This increased focused is long overdue.

#metoo, employment law, sexual harassment complaints, workplace sexual harassment, wrongful dismissal

How a bad hire could lead to damages for constructive dismissal

May 3, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

In the wake of the #metoo movement, one question that has arisen, and which our firm has commented upon is how employers are to react when those individuals attempt to return to the workforce.

#metoo, constructive dismissal, damages for constructive dismissal, employment law, mental suffering

Top five cases of importance to Ontario employment law – 2018 edition

January 7, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring

2018 has been, compared to some other years, relatively quiet with respect to employment law jurisprudence. Sometimes that can be a good thing.

#metoo, Ontario employment law, sexual harassment, termination, workers' rights

Granting intervener status in cases of sexual harassment – Victims can be more than just witnesses

October 16, 2018 Piccolo Heath LLP Employee Relations, Health and Safety, Human Resources

In the recent Ontario Superior Court decision Render v. ThyssenKrupp Elevator, Master Andrew Graham found that an employee who claimed that a co-worker sexually harassed her could be granted intervener status at the co-worker’s trial for wrongful dismissal.

#metoo, employment law, intervener status, sexual harassment, sexual misconduct

There’s a tidal shift happening in human rights – Are employers ready?

June 20, 2018 Piccolo Heath LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits

The intolerance brought on by the #MeToo movement is being mirrored in Human Rights Tribunal decisions across the country as awards for damages relating to sexual harassment show an upward trend. There are also other changes brewing in human rights law, particularly in Ontario. A recent decision on age discrimination and benefit coverage may require significant amendments to employer benefit plans and resulting costs to employers.

#metoo, #MeToo movement, A.B. v. Joe Singer Shoes Limited, age discrimination, anti-harassment and anti-discrimination policies, benefit coverage, discrimination and harassment, employment law, G.M. v X Tattoo Parlour, human rights, sexual assault, sexual assault and harassment

Sexual harassment house of cards

January 8, 2018 Michele Glassford Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security

Another week, another list of public allegations of sexual abuse, sexual assault and sexual harassment against high profile men in the entertainment industry, politics and beyond. The onslaught of allegations, which began in earnest with the allegations against Harvey Weinstein, followed soon after by allegations against what appears to be almost every other man in Hollywood, created a #MeToo movement indicating that it is a rare occurrence for a woman to have not been abused or harassed, with many instances work-related.

#metoo, employment law, harassment policy, Harvey Weinstein, occupational health and safety legislation, public allegations, sexual abuse, sexual assault, sexual harassment, sexual harassment policy, workplace harassment, workplace violence

The #metoo moment

November 6, 2017 Occasional Contributors Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

The sudden fall from grace of film producer Harvey Weinstein, over sexual harassment allegations, has proven to be the first rock in a landslide; in the weeks since, women everywhere have begun to voice complaints about past and ongoing instances of unwelcome sexual attention.

#metoo, employment law, harassment, human rights, sexual harassment, social media