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workplace harassment

Unfair Investigation? No Comment.

We are now in a world where workplace harassment is taken much more seriously than it was before. Although some jurisdictions in Canada do not have an explicit legal obligation to investigate incidents of this nature, there is now a pressing moral obligation to do so. But when such a moral obligation is unmoored from legal principles or government-issued guidelines, there is a greater risk of unfairness to all parties. An investigation in this context is more likely to be guided by an emotional drive to either undermine those who raise complaints or persecute those who are alleged to have behaved badly, rather than arriving at factual findings from a neutral perspective using a fair investigation process.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with managing disabilities in the workplace, workplace harassment and the decline of quality full-time work in Canada.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with changes to employment standards in British Columbia, a class action lawsuit against RBC/Aviva and proposed workplace harassment and violence prevention regulations.

 

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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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(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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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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Q&A: Who may be hired as a third party investigator to deal with workplace harassment complaints?

Is there any legislation that dictates who may or may not be hired as a third party investigator?

 

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Q&A: When is an employer’s duty to investigate workplace harassment triggered?

In this conference Q&A, we address when an employer’s duty to investigate workplace harassment is triggered. In partnership with Stringer LLP, First Reference Inc. recently hosted the 19th Annual Employment Law Conference on June 12, 2018, where we discussed the latest legal developments including issues surrounding workplace harassment. We received a large number of questions […]

 

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Requirements for conducting a workplace harassment investigation: lessons from the Green Party

Any allegation of harassment in the workplace needs to be taken seriously. Not the least of which, employers should be mindful of the statutory duty to conduct a related investigation.

 

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Workplace investigation alert: BC case shows how employers should NOT handle workplace harassment

A recent case from British Columbia, Wells v. Langley Senior Resources Society, is a useful example of how an employer should not handle workplace harassment.

 

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2018 will be a pivotal year for employers and HR managers in Ontario – #LearnTheLatest

Learn the Latest at the Ontario Employment Law Conference

With most of the amendments of Bill 148 now in effect—along with significant updates to OHS and WCB provisions, the upcoming legalization of recreational marijuana, and more on the way—there are many substantial changes employers in Ontario have to deal with now and throughout 2018.

 

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Human Rights Tribunal of Ontario: the “Code” matters, not social norms

Although there may be social norms at play, a business owner would do well to continue to update and implement workplace and human rights policies on an ongoing basis, otherwise, they may be liable for any breach of the “Code”, whether intended or otherwise.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with marijuana in the workplace, proposed parental leave benefit and workplace harassment as a WSIB claim.

 

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