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Serious insight for serious situations.

Serious insight for serious situations.

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

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 &

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Workplace investigation alert: Lessons on workplace investigations from a wrongful dismissal claim in Alberta

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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Attention all federally regulated workplaces: Bill C-65 First reading, first look

On Tuesday, November 7, 2017, the Honourable Patty Hajdu, Minister of Employment, Workforce Development and Labour, tabled Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, for its First Reading. The bill, which applies to both

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There’s an app for that, but should you use it? How technology can (and can’t) assist in combating workplace harassment

In 2017, technology is a part of our everyday experience. In a world where Amazon has replaced the corner store and Tinder has replaced the local bar, it’s not surprising that businesses are now turning to apps and artificial intelligence to assist with workplace harassment reporting and investigations. Using artificial intelligence (AI) to identify potentially

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The outsiders: Recent decision addresses a municipality’s duty to protect employees from external harassment

By now, most employers are well aware of the duty to protect employees from workplace harassment. However, what happens when the harasser is outside the workplace? Is the duty to protect still triggered? Most employment lawyers in Ontario would advise that an employer can (and should) take to protect its employees from workplace-related harassment, regardless

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Poisoned work environment: An employer’s responsibility

I am often asked what “poisoned work environment” means. My thought is that while many people have heard the term and may even use it occasionally, they are not really sure what it is. A recent HRTO decision provides some clear guidance as to what a poisoned work environment is, how it often arises, and

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Municipal integrity commissioners and workplace investigators: Who does what when council members are accused of harassment?

Bill 68, the Modernizing Ontario’s Municipal Legislation Act, 2017, received Royal Assent on May 30, 2017. One of the biggest changes introduced by the Bill is the requirement that all municipalities in Ontario have a Code of Conduct and either appoint an Integrity Commissioner, or make arrangements for the Commissioner of another municipality to fulfill

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