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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
A recent case from Alberta, Smith v Vauxhall Co-Op Petroleum Limited, 2017 ABQB 525, provides a helpful example of what an employer should not do when investigating complaints of sexual harassment and sexual assault. In this wrongful dismissal case, the employer defended its decision to terminate Mr. S, the plaintiff-employee, by relying on the findings
As we settle into 2018, it is safe to say that the number of people coming forward with harassment and discrimination complaints is on the rise. Whether this increase is as a result of the #MeToo movement, of increased awareness as to what constitutes appropriate and inappropriate behaviour, of recently legislated workplace investigation procedures, or
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
The parties and witnesses have been interviewed. The evidence has been reviewed and assessed. The investigation is complete. The report has been rendered. Findings have been made. The organization is ready to act. Now it is time for a restorative process such as mediation In preparation for a post-investigation mediation, a question that often arises
Does every workplace harassment complaint need to be investigated? Can a complaint be so minor that it isn’t worth delving into? Horner v. 897469 Ontario Inc. is a recent case that illustrates the risk of overlooking a complaint, and terminating instead of investigating. In this case – an undefended wrongful dismissal claim – the Court
As a result of Bill 132 coming into force one year ago, colleges and universities in Ontario now have stand-alone policies on sexual violence that outline their institutional responses to addressing complaints of sexual violence. In addition to the availability of a formal investigation, the majority of these policies also make reference to the possibility
One of the pillars to a sound investigation process is timeliness. Complaints and allegations of inappropriate workplace behaviour must be taken seriously, and demonstrating this seriousness means giving immediate attention to the matter. That being said, those of us who receive these complaints and allegations are usually juggling many other things, and it is often
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