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Posts Tagged: harassment

So What Happens If We Don’t Comply With Bill 132?

As my recent Canadian HR Law blog post outlines, in September of last year, Bill 132 came into force in Ontario. The Bill, formally known as the Sexual Violence And Harassment Action Plan Act, follows substantial legislative changes pursuant to Bill 168, which took effect almost seven years ago. Both pieces of legislation are intended to bolster protection for employees […]

The Investigation Saga Continues

Sometimes I feel like a broken record (if you are old enough to know what that means), as I continue to tell our clients and anyone else who will listen that Investigations have become a key aspect of HR and HR Law, and Failing to investigate properly will expose organizations to substantial legal liability and bad PR. Two and a […]

Beware of Summary Dismissal without Investigating First

As I said in my March 16, 2016 Canadian HR Reporter post, “Much has been written about the expanding role of investigations within the context of human resources and employment law. As has been expressed on many occasions (here and here for example), courts expect that workplace investigations will be conducted thoroughly, fairly and expeditiously.” A recent Canadian HR Reporter post reaffirms […]

Curbing the Email Epidemic

Technology has connected the world, and completely changed the way we work. Along with providing a number of useful tools to make things easier, the dawn of the email age has provided an avenue for people to be “connected” at all times. Having access to email on smartphones, while handy, is often accompanied by the temptation to be available 24/7, […]

Presentation: Responding to Allegations of Harassment

Stuart’s presentation from the Ultimate Software, Inc. Interactive HR Workshop on responding to allegations of harassment. Topics covered included recognizing harassment in the workplace, the legal framework for responding to and investigating a complaint, the expanding scope of liability and increasing monetary awards, compliance with Bill 132’s reforms to the Occupational Health and Safety Act, and best practices for policies, […]

The Ministry of Labour Provides Additional Details on Bill 132

On August 12, 2016, the Ontario Ministry of Labour published its “Code of Practice to Address Workplace Harassment under Ontario’s Occupational Health and Safety Act” (the “Code”). Given the rapidly approaching date upon which Bill 132 comes into force, and its extensive requirements, this guide to Bill 132 from the Ministry was anxiously awaited. The Code provides some helpful guidance […]

Are Employers Responsible for Protecting Employees from Abusive Tweets?

The recent labour arbitration decision in Amalgamated Transit Union, Local 113 and the Toronto Transit Commission (Use of Social Media Grievance), made it clear  the Toronto Transit Commission (“TTC”) was responsible for protecting its employees from online harassment through the TTC’s customer service twitter account, @TTChelps. Although the decision arose in a unionized context, it could have repercussions for all […]

The Latest Chapter In Employment Law: Bill 132 & AODA

Welcome to a brand new monthly feature from Rudner MacDonald: The Latest Chapter in Employment Law. This will be a monthly blog post and email series that will discuss new developments in employment law, whether they be driven by legislative change or case law. If you are reading this but do not receive our monthly Newsletter, please sign up to be […]

Dealing with unfounded allegations of discrimination or harassment

My latest Canadian HR Law blog post deals with an unfortunate side to the substantial awareness we have seen in the last few years around workplace harassment: false and unfounded allegations. As we all know, workplace harassment has been at the front and center in recent years, with substantial media coverage of high-profile cases such as that involving Jian Ghomeshi. […]

Reinstatement: Now the default for OHSA Reprisal

In November, I posted about the Occupational Health and Safety Act (“OHSA”) exception to the general rule that reinstatement is not a remedy available to non-unionized employees (you can read that post here). Around the same time, the Ontario Labour Relations Board (“OLRB”), which has jurisdiction to hear complaints under the Occupational Health and Safety Act, released its decision in […]

Managing is Not Harassment

One of my recent Canadian HR Law blog posts discusses the hot topic of harassment and bullying in the workplace – a topic that we routinely caution employers to be mindful of so they do not expose themselves to liability. Employee Awareness With increased media attention to the issue of harassment, more employees are aware of their rights and taking […]