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The recent Ontario Human Rights Tribunal decision of Wickham v Hong Shing Chinese Restaurant 2018 HRTO 500 provides some important reminders on employer liability for racial profiling. The adjudicator found that the Applicant and his three friends were racially profiled when they were asked to pre-pay for their meal at a sit-down Chinese food restaurant.
Manak v. Worker’s Compensation Board of British Columbia, a February 2018 decision from the British Columbia Supreme Court, sets out the relationship between a misconduct investigation, and an employer’s ability to terminate an employee for just cause. Here are the facts according to the decision: Ms. Manak was a Client Services Manager in the Hearing
Special note to BC readers: If this subject is of interest to you, you may wish attend one of our related workshops in BC. Some spots are still open for the following sessions – we recommend registering soon. We hope to see you there. Bystander Intervention Training – May 23, 2018 Learn how to enable &
RT Policy Reflection #1: Is there a place for mediation and ADR in a post-Bill 132 world? Blog Series In addition to workplace investigations, assessments and training, one of the other services that we provide at Rubin Thomlinson is policy reviews. In this capacity, we review organizations’ workplace harassment policies (among others) to ensure that
As workplace investigators, we understand how critical it is that our investigations be carried out in an impartial manner. The Ministry of Labour’s Code of Practice states that in order for an investigation to be “appropriate”, the investigator must be an “objective” person who is neither the alleged harasser nor under his or her control.
Unfortunately, there is no Steve Harvey here, no witty responses and no cash prizes. Instead, the surveys we reference are the numerous industry-specific sexual harassment surveys that have been recently circulated in the wake of the #MeToo movement. #MeToo sparked more than discussion of sexual harassment in Hollywood, as we now know it extended to an unmuting of voices of numerous individuals (largely female) who frequently experience(d) sexual harassment within their various work environments.
Anyone who works in human resources will tell you that they wear a lot of hats. On a given day, an HR generalist might meet with employees to provide guidance on compensation and benefits, organize training for new hires, meet with legal counsel on an employment litigation issue, and give advice to senior managers on
A recent case from Alberta, Smith v Vauxhall Co-Op Petroleum Limited, 2017 ABQB 525, provides a helpful example of what an employer should not do when investigating complaints of sexual harassment and sexual assault. In this wrongful dismissal case, the employer defended its decision to terminate Mr. S, the plaintiff-employee, by relying on the findings
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