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.
RT Policy Reflection #1: Is there a place for mediation and ADR in a post-Bill 132 world? Blog Series In addition to workplace investigations, assessments and training, one of the other services that we provide at Rubin Thomlinson is policy reviews. In this capacity, we review organizations’ workplace harassment policies (among others) to ensure that
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
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
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