sexual harassment

Embracing the #MeToo movement

October 29, 2019 Stringer LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, 0

#MeToo has quickly caught wind as a widespread movement that sheds light on the prevalence of sexual assault and harassment, particularly in the workplace. As a result of the movement, society’s attitudes towards workplace sexual harassment have started to change; but, has this impacted how courts and tribunals approach sexual harassment cases?

employment law, injury to dignity, sexual harassment, sexual harassment in the workplace, sexually harassed, workplace harassment policy

Harassers, empty your pockets and pay up! Including personal financial accountability for harassment in employment contracts – key considerations

March 12, 2019 Piccolo Heath LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Recruiting and Hiring, 0

In January, Variety reported about the new position of John Lasseter, the former Pixar head of animation who was the subject of a workplace harassment complaints from Pixar staffers.

employment contract, employment law, harassment, harassment in the workplace, recruiting and hiring, sexual harassment, termination for just cause

What’s love got to do with it? Managing office romances

February 12, 2019 Piccolo Heath LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, 0

Happy stories of office relationships are not the ones that give Human Resource managers pause or make employment lawyers nervous. Instead, it’s the remaining portion of office romances that pose potential issues and liability for the employer, and the employees.

sexual harassment, workplace harassment, workplace relationships

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, 0

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

Top 10 most-read First Reference Talks blog posts for 2018

December 24, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Wages and Compensation, 0

This year on the First Reference Talks blog we’ve been covering some of the hot topics in employment and labour law and employee management.

employment law, privacy, Severance pay, sexual harassment

Quebec employers: Are your harassment policies up to snuff?

November 28, 2018 Occasional Contributors Employee Relations, Employment/Labour Standards, French Based HR/RH Content, Health and Safety, HR Policies and Procedures, Human Resources

Because of significant changes proposed to Quebec’s Act Respecting Labour Standards, employers need to ensure that their harassment policies now cover psychological and sexual harassment.

anti-harassment policies, harassing behaviour, harassment complaints, harassment policies, sexual harassment, violence and harassment

No right to sue employer for sexual assault by co-worker: WSIAT

November 26, 2018 Sean Bawden Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

Can an employee sue her employer if she is the victim of sexual assault at work by a co-worker? The Ontario Workplace Safety and Insurance Appeals Tribunal says no once again, “not if the employee is entitled to WSIB benefits.”

employment law, harassment, sexual assault, sexual harassment, sexual harassment in the workplace

30 tips for a reasonable workplace investigation

November 23, 2018 Jeff Dutton, Dutton Employment Law Employee Relations, Health and Safety, Human Resources, Human Rights

In Canada, a requirement to conduct a workplace investigation is triggered in case of harassment, sexual harassment or violence. What then is required of such a workplace investigation? In short, a “reasonable” investigation is required.

employment law, harassment, sexual harassment, violence at work, violence in the workplace, workplace investigation

(Don’t) Google it: practical lessons from the global walkout by Google’s employees

November 21, 2018 Piccolo Heath LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development

On November 1, 2018, thousands of Google employees from around the world – including in Canada – engaged in a coordinated walkout, leaving their respective offices to protest workplace harassment and inequality at the company.

#MeToo movement, employment law, sexual harassment, social climate, walkout, workplace harassment, workplace sexual harassment and violence

How are employers affected by Alberta’s increased protections against sexual and domestic violence?

November 12, 2018 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources

In protecting themselves against future liability, employers may find themselves stepping in line with the government, paving the way towards creating safe and respectful work environments within which employees’ conduct is held to a higher standard.

domestic violence, employment law, sexual abuse, sexual and domestic violence, sexual harassment, workplace harassment

Three popular articles this week on HRinfodesk

October 25, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

The three popular articles this week on HRinfodesk deal with eligibility for private health plans, salary increases in 2019 and sexual assault in the workplace.

2019 salary projection, employment law, private health services plans, sexual assault, sexual harassment

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

Record human rights damage award for injury to dignity, feelings and self-respect: AB v Joe Singer Shoes Limited

September 26, 2018 De Bousquet PC Barristers and Solicitors Employee Relations, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

The Human Rights Tribunal of Ontario has awarded a record $200,000 as a human rights damage award in the case of AB v Joe Singer Shoes Limited, where the employee suffered injury to dignity, feelings and self-respect resulting from repeated sexual assault and harassment.

employment law, human rights damage award, sexual assault, sexual harassment, workplace harassment

When should an employer conduct a workplace investigation?

September 21, 2018 Jeff Dutton, Dutton Employment Law Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development

Under the common law, and specifically under Sections 25(2)(h) and 32.0.5 of the Occupational Health and Safety Act (Ontario), every employer has a duty to conduct a workplace investigation after an incident of workplace violence has allegedly occurred. In other words, if an employer gets a complaint about violence at work, or if the employer witnesses violence at work, it must conduct an investigation.

complaints of harassment, complaints of incidents of violence, employment law, harassment at work, sexual harassment, violence at work, violence in the workplace, witnesses to the incident, workplace harassment, workplace investigation, workplace violence

Just Cause – Workplace policies remain an important consideration in judicial decision making

August 14, 2018 Devan Marr Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development

Several factors worked against the employer in this case of just cause termination, but most significantly was the lack of robust written policies and procedures on discipline and proper employee training on harassment.

employee training, harassment, just cause dismissal, Just cause termination, sexual harassment, termination, workplace policies