sexual harassment

Non-consensual sharing of intimate images grounds for summary dismissal

February 18, 2020 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, 0

Can sharing intimate photos of one your coworkers with your friends result in the summary dismissal of your employment for cause?

digital privacy, Dismissal, employment law, just cause, serious misconduct, sexual harassment, termination, workplace investigation

Wrongful dismissal update: Judge upholds just cause termination for a 30 year employee who touched a co-workers buttock

February 11, 2020 Doug MacLeod, MacLeod Law Firm Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development, 0

After a 10 day trial, an Ontario judge recently concluded that touching a female’s buttock in the presence of four witnesses, who had conflicting versions of what happened, was just cause for termination for an employee with 30 years’ service who had a clean disciplinary record.

#MeToo movement, employment law, harassment in the workplace, just cause, Just cause termination, sexual harassment

Fired because of race? Consider a human rights claim

January 29, 2020 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

In 2018, a group of eight Caucasian employees of the Spruce Hill Resort and Spa Ltd. (“the Resort”) in British Columbia made a complaint to the British Columbia Human Rights Tribunal (“the Tribunal”), in which they alleged that they had been terminated from their employment because they were not Chinese. The Tribunal found that seven of the employees had been discriminated against on the basis of race and colour, and one employee had been discriminated against on the basis of sex.

discrimination based on race, discrimination based on sex, employment law, poisoned work environment, sexual harassment

When #TimesUp goes on trial: Key Takeaways from a judge’s decision following a sexual harassment investigation

January 14, 2020 Piccolo Heath LLP Employee Relations, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, 0

Although stories of workplace sexual harassment were pervasive as we closed the last decade, it was uncommon to see any of these cases make it all the way to trial. Early (and confidential) settlements with the accused are the norm, and trials are rare.

#TimesUp, employment law, sexual harassment, sexual harassment investigation, workplace investigation, workplace sexual harassment, wrongful dismissal claim

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

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

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

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