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Canada Sexual Assault

Littler

Alberta, Canada Arbitrator Finds Grievor’s “Off-Duty” Sexual Assault of Co-Worker is Just Cause for Employment Termination

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In Corporation of the City of Calgary v Amalgamated Transit Union, Local 583, 2023 CanLII 20867 (AB GAA), Arbitrator James T. Casey dismissed the union’s grievance of an employee’s job termination, finding that his off-duty...more

Stikeman Elliott LLP

End of the Line: Alberta Arbitrator Finds Off-Duty Sexual Assault of Co-Worker By Transit Operator Was Cause for Termination

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An Alberta labour arbitrator found an employer was justified in firing a unionized employee for just cause for his off-duty sexual assault of a co-worker. In Corporation of the City of Calgary v Amalgamated Transit...more

Littler

Ontario, Canada Court Confirms Sexual Harassment Not an Independent Tort

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Employee filed action against company vice president for sexual harassment and sexual assault, and against company for vicarious liability for the sexual harassment. Court confirmed that sexual harassment is not an...more

Littler

Ontario, Canada: Human Rights Tribunal Awards Significant Damages to Employee Who Acquiesced to Sexual Relationship with...

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In NK v. Botuik, 2020 HRTO 345, the Human Rights Tribunal of Ontario (HRTO) made a $170,000 damage award to a vulnerable employee who, after being sexually harassed by her direct supervisor, engaged in unwelcome sexual...more

Littler

Ontario, Canada: Human Rights Tribunal Provides Guidelines on Conducting Sexual Assault Investigations

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In a recent Human Rights Tribunal of Ontario (HRTO) decision, an employee alleged her supervisor sexually assaulted her. The HRTO’s analysis of the poorly handled workplace investigation that ensued provides meaningful...more

Littler

Canada: Alberta Court of Appeal Reminds Adjudicators to take a Modern Approach to Sexual Misconduct in the Workplace

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Two years after the #MeToo Movement made the prevalence of sexual harassment and sexual assault in the workplace known worldwide, the Alberta Court of Appeal in Calgary (City) v. Canadian Union of Public Employees Local 37,...more

International Lawyers Network

Sexual Harassment In The Workplace: What Canadian: Quebec Companies Need To Know

Quebec has long been considered the California of the East and a pioneer in adopting some of the most far-reaching obligations with respect to harassment in the workplace in its widest form, as well recourses and remediation...more

Bennett Jones LLP

Changes to Limitation Periods on Sexual and Domestic Violence Cases

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In the growing wake of the #MeToo movement, the Alberta government, consistent with other jurisdictions in Canada, has removed the traditional two-year limitation period applicable to sexual or domestic violence cases....more

Bennett Jones LLP

Investigating Sexual Assault in the Workplace—A Cautionary Tale

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Sexual harassment in the workplace continues to be a top legal risk for employers, especially in the context of the #metoo movement. Employers have a duty to investigate and promptly deal with allegations of harassment in the...more

Bennett Jones LLP

New Sexual Harassment Laws Create Additional Obligations for Ontario Employers

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Following high-profile sexual harassment cases involving public figures, it is not surprising that combating sexual violence and harassment in the workplace has become a priority for the Ontario Government. In March 2015, the...more

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