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When most people think about sexual harassment, they think about unwelcome sexual advances and requests/demands for sexual “favours”: The executive who puts his hand on his administrative assistant’s knee. The professor who tells a student she might get a better grade if she went for a drink with him after class. While these behaviours are
Two 2018 decisions in British Columbia – one from the BC Labour Relations Board and one from the BC Supreme Court – provide workplace investigators with some good insight into what makes a good workplace investigation. Member Paul Love’s March 2018 decision in Western Forest Products Inc. v. United Steelworkers 1-1937, 2018 CarswellBC 826, 135
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
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
Months before the #MeToo movement exposed the world’s entertainment and media elite, the Law Society of British Columbia issued a discipline decision that was a first in British Columbia and is one of only a few similar decisions in Canada. The January 2017 decision, involving a Victoria based lawyer, confirms that sexual harassment by a
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