Reflections and news direct from Rubin Thomlinson.
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With the second anniversary of the Bill 132 changes fast approaching (September 2018), my hope is that organizations can use some of this insight to shape future iterations of their own workplace harassment policies which, pursuant to the legislation, must be reviewed on (at least) an annual basis.
The Federal Court of Appeal recently heard an application for judicial review of a decision of the Public Service Labour Relations and Employment Board (the Board) in which the Board had found that an employer – the Canadian Border Services Agency (CBSA) – failed to provide a harassment-free workplace for one of its employees.
Most workplace investigation decisions focus on the psychological harm to complainants suffered as a result of the alleged misconduct. We have written about this issue before – see our discussion of the importance of a trauma-informed approach for victims of sexual assault here.
Workplace investigations and workplace accommodations are two distinct procedures. The former is a fact-finding process that occurs in response to a complaint or incident of harassment. The latter is a procedure by which an employer and an employee work together to accommodate an employee’s limitations as a result of an injury, illness or disability. But when the accommodation relates to an illness that has an impact on an employee’s interpersonal behaviour, such as a mental illness, these two distinct procedures may intersect.
