On September 29, 2023, the Human Rights Commission of Prince Edward Island (“PE HRC”) rendered its decision in the matter of Milligan v, Maczak Holdings Ltd. , a case involving sexual harassment of a restaurant worker at Smitty’s Family Restaurant (“Smitty’s”) in Charlottetown, PEI.
En raison de lacunes dans les processus d’embauche, de nombreux employeurs se privent d’excellents candidats et s’exposent à des poursuites. Dans certains cas, ces lacunes découlent du choix des critères utilisés pour évaluer les qualifications des candidats.
Many employers miss out on excellent candidates and expose themselves to lawsuits because of flaws in their hiring processes. One example can be the choice of criteria they use to assess candidates’ qualifications.
Some of the most serious forms of workplace or institutional investigations will involve the investigation of allegations of sexual assault. For post-secondary institutions (“PSIs”), incidents of sexual assault are, unfortunately, not uncommon. As evidenced by recent stories in the media, incidents of sexual assault can also arise in a variety of other workplaces and organizations.
When HR departments become aware of a complaint, they should ask themselves the threshold question: If what is alleged is true, does it breach our policies or statutes? A recent decision of the British Columbia Human Rights Tribunal (“the Tribunal”),…
As external investigators, our investigation ends with the delivery of a written report to our client. These reports always include findings of fact, and an analysis of those findings to determine whether there has been a breach of a policy and/or legislation. Sometimes, our clients will also ask that a report include recommendations for next steps.
A few years ago, my mother was submitting an online job application and mentioned to me that one of the questions asked whether the applicant was a visible minority. She told me that she left the answer blank so that she wouldn’t be used as a “token” to “check a box” – literally and figuratively