Human Rights Archives - Page 7 of 12

Sometimes a comment is just a comment: Making out a prima facie case of discrimination or harassment

April 16, 2020

Standards of appropriate workplace behaviour have rapidly changed over the last few years, and conduct that was once deemed acceptable is no longer tolerated in the workplace. But as the following arbitration decision demonstrates, one fundamental requirement still remains: the need to demonstrate a prima facie case of discrimination or harassment before the obligation to investigate a complaint is triggered.

A crash course on course of conduct: When it comes to workplace harassment, a single incident may not be just a single incident

March 2, 2020

In Ontario, harassment is defined in both the Human Rights Code and the Occupational Health and Safety Act as a course of vexatious comment or conduct that is known or ought to be known to be unwelcome. The term “course of conduct” gives the impression that harassment needs to be made up of multiple incidents. In fact, in some circumstances one serious incident can constitute harassment in the workplace.

Enquêtes : Dix cas à retenir de 2019

February 10, 2020

Le 16 janvier 2020, Rubin Thomlinson donnait une conférence par webdiffusion sur les 10 cas à retenir de 2019 en matière d’enquêtes au travail. Voici les thèmes abordés et un résumé de cette présentation.

Manitoba Human Rights Board orders recognition of non-binary sex designation on Manitoba birth certificates

February 3, 2020 | By Dana J. Campbell-Stevens

In a recent decision, T.A. v Manitoba (Justice), 2019 MBHR 12 (CanLII), the Manitoba Human Rights Board of Adjudication (the “Board”) took a major step by ordering the Government of Manitoba to revise the criteria for changing sex designation to include recognition of non-binary sex designations on Manitoba birth certificates. This was the first adjudication in Manitoba on gender identity since its inclusion in the Manitoba Human Rights Code (the “Code”) in 2012.

An ounce of prevention: Sport Manitoba’s proactive approach to safe sport

January 23, 2020

News about safety in amateur sport in Canada is often about the gaps – whether it be policy, resources or oversight — in the sport environment that provides the opportunity for misconduct and results in bullying, harassment, abuse and harm to individuals. We hear about the gaps only after the harm has occurred. And we often hear that the individuals who are victimized did not know where to go to seek advice and support about what to do or they attempted to report and were not heard.

T.M. v. Government of Manitoba: Important lessons on workplace harassment for employers, employees, and investigators

January 17, 2020 | By Katharine Montpetit

A recent decision of the Manitoba Human Rights Commission¹ has clarified the extent of an employer’s obligation to provide its employees with a safe and respectful workplace. The decision – the first time the Human Rights Commission has considered a complaint of harassment on the basis of sexual orientation – is a powerful one, and is full of important takeaways for employers, employees, and workplace investigators alike.

Do I have to tell the respondent everything?

November 8, 2019

One of the questions we are often asked is how much information should be disclosed to a respondent during an investigation. Some feel that respondents are more likely to provide honest and candid information if they are taken by surprise as opposed to having advance notice of the allegations and supporting evidence. The fear is that with the information, a respondent may have more time to concoct a story in response to the allegations and evidence. The problem with this tactic is that it is premised on an underlying assumption that the respondent has something to hide and is therefore “guilty” of the allegations. Such an approach is not impartial. It also risks being found to be procedurally unfair.

Investigations involving health care providers – 5 questions to ask at the start

October 23, 2019

Being the daughter of a retired health care provider, I observed from an early age the balancing act of providing patient-centred care while wanting to do one’s best in a workplace that can be emotionally charged, fast-paced and ever-changing (I know that these descriptors not only apply to working in health care generally, but could apply to an employee’s experience in just one shift).

Serious insight for serious situations.