Upcoming Webinar: October, 8th 2020 @ 12:30 PM (EDT)  |  Criminal Considerations for Workplace Investigations  |
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Serious insight for serious situations.

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Policy Pet-Peeves: Crafting a Workplace Harassment Policy that will Make Workplace Investigations Easier

The first step in any new investigation is to review the workplace harassment policy. As both an investigator and someone who has written workplace harassment policies, I sometimes find myself sighing deeply as I conduct this review, knowing that some parts of the policy are going to make the investigation process harder – not only for me, but for the parties and the employer as well.

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Acquiescence, Not Consent: Lessons from N.K. v. Botuik

There are many potentially thorny issues that await an investigator who is asked to make findings about a complainant’s consent to an intimate relationship or to a sexual encounter with a respondent, including the effects of trauma on memory, the potential involvement of intoxication and, of course, grappling with the complicated and nuanced definition of consent itself. The recent Human Rights Tribunal of Ontario decision in N.K. v. Botuik, 2020 HRTO 345, provides a useful illustration of another issue that we might encounter in an investigation that involves a sexual relationship between two employees: distinguishing coerced acquiescence from true consent.

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“Cougars” and Contraceptives: The Tricky Business of Borderline Sexual Harassment Cases

Some of the more difficult cases of sexual harassment that we deal with as workplace investigators are what we call “borderline” cases — where the behaviour at issue straddles that line somewhere between unwelcome and simply misguided. What types of conduct in the workplace are serious enough to qualify as sexual harassment? A recent decision of the British Columbia Human Rights Tribunal, Prosko v. The District of Taylor and another, highlights some of the challenges these types of cases present.

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To Serve And Protect? The Racial Discrimination of a 6-Year-Old Girl By Peel Police

Racial discrimination can often be subtle and difficult to detect, particularly in fluid and dynamic situations such as those involving law enforcement. But as a recent Ontario Human Rights Tribunal decision indicates, police action that is ostensibly intended to maintain public safety can nonetheless amount to race-based discrimination.

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Employer Liability Flowing from an Unreasonable & Inadequate Workplace Investigation

In a recent decision of the Human Rights Tribunal of Ontario [AB v. 2096115 Ontario Inc. c.o.b. as Cooksville Hyundai, 2020 HRTO 499 (CanLII)], the Tribunal highlighted how an inadequate and unreasonable internal workplace investigation by an employer could result in a breach of the Human Rights Code R.S.O. 1990, c. H.19 (Code).

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