workplace 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

Labour arbitrator grants interim protection for complainant of workplace sexual harassment

July 15, 2019 Vey Willetts LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

Since the onset of the #metoo movement, Canadian society has been paying attention to (and grappling with the consequences of) sexual harassment to a previously unprecedented degree. This increased focused is long overdue.

#metoo, employment law, sexual harassment complaints, workplace sexual harassment, wrongful dismissal

Review of Ontario human rights damages in 2018: New high watermarks

February 11, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

2018 marks an exceptional year for developments in the Ontario human rights remedies realm.

employment law, human rights damages, sexual assault, workplace human rights, workplace sexual harassment

Workplace investigations that are required or recommended

December 7, 2016 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Penalties and Fines, Union Relations

Until the last few years formal workplace investigations were relatively uncommon. Recent changes to the law however have totally changed the legal landscape relating to workplace investigations. To reduce legal exposure and save costs, I believe most employers should ensure that at least one employee receives workplace investigation training. This blog discusses four scenarios where workplace investigations are required or recommended.

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Three popular articles this week on HRinfodesk

November 10, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: 2017 CPP contribution rates; the topic of an employee’s failure to mitigate their wrongful dismissal damages; and a case regarding an employee’s termination for just cause after claims of sexual harassment in the workplace.

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OHSA workplace harassment amendments to take effect September 8, 2016: Are you ready?

July 12, 2016 Doug MacLeod, MacLeod Law Firm Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Penalties and Fines, Privacy and Security, Recruiting and Hiring, Training and Development, Union Relations

“Bob is harassing me.” Your spidey senses should be tingling, because some kind of investigation should be taking place soon. If not, consider what happened when an employee at CBC complained about Jian Ghomeshi and was ignored or when an employee at the TO2015 Pan American games complained about David Peterson and her complaint was allegedly not taken seriously. Here are three questions to consider when someone makes a harassment complaint.

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Apology for workplace sexual harassment

May 19, 2016 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Penalties and Fines, Union Relations

It was recently reported in the media that after signing a peace bond, Jian Ghomeshi apologized in court on May 11, 2016, for his “sexually inappropriate conduct” towards a former co-worker who accused him of sexually assaulting her. Following the apology, the Crown withdrew the criminal charge of sexual assault for which Ghomeshi was slated to stand trial on June 6, 2016.

Apology, crimes, criminal code, criminal justice, employment law, forgiveness, Jian Ghomeshi, Peace bond, workplace sexual harassment

Employers upcoming responsibilities regarding sexual harassment in Ontario

May 4, 2016 Christina Catenacci Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring, Training and Development, Union Relations

On March 8, 2016, Ontario Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016, received Royal Assent. Schedule 4, which deals with changes to the Occupational Health and Safety Act regarding workplace harassment, comes into force September 8, 2016. The changes will do a few of the following things.

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Sex based discrimination and poisoned work environment

February 24, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, Union Relations, Wages and Compensation

Does an employee have to be “sexually” harassed in order for there to be a breach of the Human Rights Code? This issue was determined in a recent decision from the Human Rights Tribunal of Ontario.

British Columbia Court of Appeal, compensation, damages, discrimination, discrimination on the grounds of sex, employment law, employment relationship, Faryna v. Chorny, Hill v. Intersteam Technologies Inc., Human Rights code of Ontario, injury to dignity, injury to feelings and self-respect, Kelly Hill, Kevin Sambrano human rights paralegal, monetary awards, Ontario Human Rights Tribunal, poisoned work environment, policies and procedures, prohibited grounds of discrimination, sexual harassment, the Human Rights Code, workplace, workplace environment, workplace sexual harassment

Jian Ghomeshi verdict expected March 24 2016

February 18, 2016 Christina Catenacci Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Training and Development, Union Relations

As you may know, a criminal trial, R v Ghomeshi, took place this year to address allegations of sexual assault against several victims and concluded just last week. It was announced that the verdict in the Ghomeshi criminal trial will be handed down March 24, 2016. However, the evidence submitted during the criminal trial and its outcome is very different from the workplace aspect of this case.

behavioural standards and workplace rules, employment law, harassment and discrimination, inappropriate workplace behaviour, Jian Ghomeshi, policies and procedures in the workplace, R v Ghomeshi, safe and respectful environment, workplace sexual harassment, workplace sexual harassment investigation

Sexual harassment becoming a health & safety issue in Ontario

November 11, 2015 Doug MacLeod, MacLeod Law Firm Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

On October 27, 2015, the Ontario government tabled Bill 132, Sexual Violence and Harassment Action Plan Act which, among other things, amends the Occupational Health and Safety Act to make workplace sexual harassment a health and safety issue.

Bill 1132 Sexual Violence and Harassment Action Plan Act, employment law, human rights code, occupational health and safety act, sexual harassment, workplace harassment, workplace investigations, workplace sexual harassment

Ontario Human Rights Tribunal decision offers clarity on workplace sexual harassment

November 21, 2014 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation

With the allegations against CBC Radio personality Jian Ghomeshi dominating the news over the past several weeks, it is useful to examine how the Ontario Human Rights Tribunal addressed allegations of workplace sexual harassment in the recent case of Horner v. Peelle Company Ltd. (2014) HRTO 1211.

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