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Serious insight for serious situations.

Serious insight for serious situations.

Why reply? Reflecting on the significance of reply interviews in a workplace investigation

As a workplace investigator and a team lead for a group of fellow RT investigators, I spend a fair amount of time thinking about reply interviews. Anyone who has conducted an investigation themselves or reviewed an investigator’s report can probably appreciate why: the reply or follow-up interview is a place where the need to balance the fairness, neutrality, thoroughness, and confidentiality of the investigation really comes into focus.

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How do policies help? A journey through a typical respectful workplace policy

Most Canadian jurisdictions require employers to have policies that address issues like workplace harassment, discrimination, and violence. In our investigation practice, we read many of these “respect at work” policies, and the overwhelming majority of them are clearly written to specifically comply with legislative requirements.

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Projet de loi 190 de l’Ontario: Quel impact aura-t-il dans les enquêtes d’harcèlement sexuel virtuel?

Le gouvernement de l’Ontario a récemment annoncé le dépôt du projet de loi 190 (également connu sous le nom de Loi de 2024 visant à œuvrer pour les travailleurs, cinq). Le projet de loi propose des modifications à divers textes législatifs liés à l’emploi. L’un de ces changements est l’élargissement des définitions du harcèlement au travail et du harcèlement sexuel au travail en vertu de la Loi sur la Santé et la Sécurité au Travail (« LSST ») pour y inclure certaines activités virtuelles.

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Ontario’s Bill 190: What it could mean for investigating workplace “virtual” sexual harassment

The Ontario government recently announced its introduction of Bill 190 (also known as the Working for Workers Five Act, 2024). The bill proposes changes to various pieces of employment-related legislation. One of these changes is the expansion of the definitions of workplace harassment and workplace sexual harassment under the Occupational Health and Safety Act (“OHSA”) to include certain virtual activities.

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Bill C-65 – 3 years later … Are you up to date?

Where does the time go? Federally-regulated organizations surely recall the passing of Bill C-65 which amended the harassment and violence provisions of the Canada Labour Code (“CLC”). They also no doubt recall the accompanying Work Place Harassment and Violence Prevention Regulations (“Regulations”) that came into effect in January of 2021, and set out more specific requirements for those employers that fall within federal jurisdiction.

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Can jokes amount to harassment if no one told the jokester to stop?

“How was I to know they were offended by my jokes? They never told me they were uncomfortable.”

Jokes between colleagues can be an important contributor to positive workplace culture. Unfortunately, some employees are subjected to jokes and teasing that is offensive or demeaning.

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Sex, lies, and celebrities: What employers can learn from the Russell Brand allegations

In recent weeks, allegations have been raised about actor/comedian Russell Brand regarding various instances of sexual assault, emotional abuse, and bullying from four anonymous women. As outlined below, this story provides several important takeaways for employers and investigators who deal with these issues.

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