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sexual harassment

Embracing the #MeToo movement

#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?

 

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

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.

 

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

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.

 

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

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

 

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

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.

 

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Quebec employers: Are your harassment policies up to snuff?

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.

 

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

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.”

 

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30 tips for a reasonable workplace investigation

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.

 

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

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.

 

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

domestic-violence

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.

 

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Three popular articles this week on HRinfodesk

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.

 

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

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.

 

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

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.

 

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When should an employer conduct a workplace investigation?

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.

 

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

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.

 

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