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
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
July 19, 2018 Ava Z Moradi, JD Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources
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 […]
duty to investigate workplace harassment, employment law, sexual harassment in the workplace, workplace harassment, workplace investigation
October 20, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
The three popular articles this week on HRinfodesk deal with: The introduction of Bill C-26 to enhance CPP; head injuries and the related consequences of an employee not reporting such injury as soon as it happens; and a case that addresses workplace investigations and the violation of procedural fairness.
Bill C-26, brain injury, canada pension plan, Canada Pension Plan Investment Board Act, competence of investigator, cpp, employment law, enhance CPP, harassment complaint, head injury, Income Tax Act, procedural fairness, Shoan v. Attorney General, workplace investigation, wsib
May 25, 2016 Stringer LLP Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Training and Development, Union Relations, Wages and Compensation
The obligations on employers, constructors and other workplace stakeholders once a workplace accident occurs are heavy. The Occupational Health and Safety Act (the “Act”) requires that these parties take positive actions immediately from the time that an accident occurs. These actions can have important implications for later legal proceedings. Failing to comply with these obligations is itself a breach of the Act and can lead to legal liability distinct from and in addition to any liability flowing from the accident.
#Learnthelatest, 17th Annual Ontario Employment Law Conference, accident scene, employment law, liability, Ministry of Labour, occupational health and safety act, procedural orders, prosecution, substantive orders, Workplace accident, workplace investigation, written report
April 14, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation
Three popular articles this week on HRinfodesk deal with: An FAQ in relation to an employer’s obligation to have a casual worker sign off on vacation pay; a case that looks at workplace investigations; and Ontario’s proposal of eliminating the “30% Rule” for pension investment.
30 percent pension rule, allegations of harassment, casual workers, Employee dismissal, employee suspension, employment law, employment standards act, investment rule, pension benefits act, Pension fund, vacation pay, voting shares of a corporation, workplace complaints, workplace investigation, workplace investigations
February 19, 2016 Clear Path Employer Services Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Penalties and Fines, Pensions and Benefits, Wages and Compensation
When you object to the initial entitlement of a WSIB claim, in effect having it denied outright, there are several considerations you should keep in mind. Here are some answers to some questions about the process:
claims management process, Compensable injury, duties of a job, duty to accommodate, external medical resources, injury, injury or illness, job description, medical professional, repetitive strain, Return to work, workers compensation, workplace investigation, wsib, WSIB benefits
August 20, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation
Three popular articles this week on HRinfodesk deal with 2016 projected salary increases; ORPP design; and, OHS reprisals.
2016 projected salary increases, annual Trends in Human Resources survey, design of the provincial pension plan, employment law, HRinfodesk, internal complaint of harassment, Made in Ontario pension plan, Morneau Shepell, OHS reprisals, Ontario Registered Pension Plan, ORPP, ORPP design, Reprisal under section 50 of OHSA, salary increases, workplace investigation
March 5, 2015 Stringer LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Privacy and Security, Training and Development, Union Relations
An ever-evolving aspect of employment law jurisprudence concerns when an employer can shield documents and correspondence relating to a workplace investigation from a former employee who has commenced wrongful dismissal litigation. A recent Superior Court of Ontario decision fell against the employer on this issue.
disclosure of investigators’ notes, documents that may be sensitive or considered confidential, email was privileged, employment law, physical altercation while on company property, privilege claim, termination for just cause, workplace investigation, wrongful dismissal
October 2, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation
Three popular articles this week on HRinfodesk deal with a violation of a last chance agreement; discrimination during the selection process; and, demotion and constructive dismissal.
awarded substantial damages, communications with a job applicant, constructive dismissal, demotion, Disciplinary measures, discipline, discrimination, duty to accommodate, employment law, HRinfodesk, last-chance agreement, Newsletter, Ontario Human Rights Tribunal, racism, resignation, selection process, termination, terminations, workplace investigation
August 28, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Standard for Employment, Standard for Information and Communications, Standard for the Built Environment, Standard for Transportation, Training and Development, Wages and Compensation
Three popular articles this week on HRinfodesk deal with AODA January 1, 2015 compliance deadline; consequences of competing with employer on the side; and, obligation to protect employee from third party harassment.
2005, 2015 compliance deadline, Accessibility for Ontarians with Disabilities Act, accessibility policies, Alberta Human Rights Tribunal, AODA, AODA January 1, consequences of competing with employer on the side, discrimination, employee's egregious conduct, employment agreement, employment law, extreme dishonesty, harassment, HR newsletter, HRinfodesk, integrated accessibility standards, obligation to protect employee from third party harassment, Ontario Human Rights Code, provide a workplace free from harassment, workplace investigation, wrongful dismissal
May 15, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation
Three of the most popular articles this week on HRinfodesk deal with allowable claim for meals; an employer’s workplace investigation; and how the court dealt with an employee’s criminal sentence.
allowable claim for meals, Articles, criminal conviction, Employee's criminal sentence, employment law, employment opportunities, HR Law, HRinfodesk, IC 73-21R9, Income Tax Act, meals simplified method, Newsletter, Ontario Human Rights Tribunal, travel expenses, workplace investigation
January 8, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Announcements and Administration, Human Resources, Human Rights
We are very pleased to announce that Kevin Sambrano will be sharing his expertise with our readers on First Reference Talks. He will be covering issues surrounding human rights and employment law, starting this month.
advocacy, De Bousquet Law, employment law, First reference, Guest blogger, HR blogs, Kevin Sambrano, Law blog, Legal blog, legal research, paralegal, workplace investigation
October 30, 2013 Adam Gorley Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development
In March 2013, the Workers’ Compensation Board released three new policies on the duties of employers, workers and supervisors with respect to workplace bullying and harassment. These policies come into effect on Friday, November 1, 2013.
BC, BC Occupational Health and Safety Regulation, British Columbia, bullying, compliance date, cooperate with investigation, Duty of care, employment policy, harassment, informing workers, mental disorder, policies and procedures, preventing workplace harassment, preventing workplace bullying, preventing workplace violence, reasonable management, reasonable steps to prevent bullying, record keeping, significant work-related stressor, training, violence, violence prevention training, Workers Compensation Act, Workers' Compensation Board, workplace bullying, workplace harassment, workplace investigation, workplace violence, WorksafeBC
September 18, 2013 Doug MacLeod, MacLeod Law Firm Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights
Since 2010 there has been confusion around the term “workplace harassment” in Ontario. Until that time, workplace harassment was generally limited to sexual, racial and 14 other types of harassment under the Ontario Human Rights Code (Code).
harassment complaints, human rights code, internal complaint process, no-discrimination policy, Occupational Health & Safety Act, ontario, policy, vexatious comment, workplace harassment, workplace investigation, workplace investigator
Ageism is a big problem in the legal community. Bay Street firms and others are not interested in applicants' skills, knowledge, etc. unless they are... – Nov 16, 11:05 AM
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
Navigating workplace harassment complaints
September 18, 2013 Doug MacLeod, MacLeod Law Firm Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights
Since 2010 there has been confusion around the term “workplace harassment” in Ontario. Until that time, workplace harassment was generally limited to sexual, racial and 14 other types of harassment under the Ontario Human Rights Code (Code).
harassment complaints, human rights code, internal complaint process, no-discrimination policy, Occupational Health & Safety Act, ontario, policy, vexatious comment, workplace harassment, workplace investigation, workplace investigator