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Canada Sexual Harassment

Littler

Ontario, Canada Appeal Court Decides Findings of Workplace Investigation Were Not Defamatory

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In Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 86, the Court of Appeal for Ontario (OCA) upheld the dismissal of a defamation action under s. 137.1 of Ontario’s Courts of Justice Act (CJA). The decision provides guidance...more

Littler

Alberta, Canada’s Human Rights Tribunal Awards $50,000 to Employee Whose Employment Was Terminated After Claiming Sexual...

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In McCharles v Jaco Line Contractors Ltd., 2022 AHRC 115, an employee alleged that her employer discriminated against her on the basis of gender contrary to the Alberta Human Rights Act (AHRA) when it terminated her...more

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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

Stikeman Elliott LLP

Ontario Court Affirms that Workplace Sexual Harassment is not an Independent Tort

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The Ontario Superior Court of Justice recently released a decision, Incognito v. Skyservice Business Aviation Inc., 2022 ONSC 1795 (“Skyservice”), in which it struck out a Plaintiff’s claim for vicarious liability against her...more

Littler

Ontario, Canada: HRTO Finds Employee Was Victim of Repeated Acts of Sex Discrimination in Poisoned Work Environment

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In A.B. v. C.D., 2022 HRTO 890, the Human Rights Tribunal of Ontario (HRTO) found that the applicant was a victim of discrimination on the basis of sex and that her work environment was poisoned by repeated acts of...more

Blake, Cassels & Graydon LLP

La Cour d’appel de l’Ontario confirme que les conséquences du harcèlement sexuel peuvent être sévères

Mark Render, un gestionnaire avec 30 ans de service, a été congédié par son employeur pour motif sérieux après avoir donné une gifle sur les fesses d’une collègue (la « plaignante ») dans leur lieu de travail. M. Render a...more

Blake, Cassels & Graydon LLP

Consequences for Sexual Harassment Can Be Severe, Ontario Court of Appeal Confirms

Mark Render (Render), a manager with 30 years of service, was dismissed by his employer for just cause after slapping the buttocks of a female colleague (Complainant) at the workplace. Render’s wrongful dismissal action...more

Littler

Littler Global Guide - Canada - Q4 2021

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British Columbia: Eligible Workers Entitled to Five Days of Paid Sick Leave Beginning January 1, 2022 - New Legislation Enacted - British Columbia announced that beginning January 1, 2022, workers covered by the...more

Littler

Ontario, Canada Court of Appeal Decides Employer Was Justified in Terminating Employee for Cause for Sexual Harassment

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In Hucsko v. A.O. Smith Enterprises Limited, 2021 ONCA 728 (A.O. Smith), a long-term senior employee’s co-worker alleged that the employee sexually harassed her. After a workplace investigation that determined the co-worker’s...more

Littler

Canada: Ontario Superior Court Holds Labour Arbitrator Has Exclusive Jurisdiction to Resolve Dispute Relating to Workplace...

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In De Facendis v. Toronto Parking Authority, the Ontario Superior Court of Justice held that when a claim for workplace sexual harassment and workplace sexual assault “arises under the collective agreement,” a labour...more

Littler

Canadian Federal Government Provides Practical Guidance on Bill C-65 and Workplace Harassment and Violence Regulations

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On January 1, 2021, Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1 (Bill C-65) and the Work...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

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Ontario: Requirements for Mandatory Policies, Training and Postings - September 2020

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Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more

Littler

British Columbia, Canada: Human Rights Tribunal Dismisses Claim that University Faculty Member’s Comment Constituted Sexual...

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In an anonymized decision, The Employee v. The University and another (No. 2), 2020 BCHRT 12, the British Columbia Human Rights Tribunal (BCHRT) decided that a comment a faculty member made to a university employee during a...more

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Ontario, Canada Mandatory Policies, Training and Postings—Are You In Compliance? August 2020

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Posting: Employment Standards Act, 2000 - The poster is prepared by the Minister of Labour to help ensure employers understand their minimum obligations and employees know their rights. Employers must: • provide each...more

Littler

Canada: New Work Place Harassment and Violence Prevention Regulations for Federally-Regulated Work Places Come into Force January...

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On June 24, 2020, the federal government published Work Place Harassment and Violence Regulations (Regulations), which set out the requirements that federally-regulated employers will be required to meet in order to satisfy...more

Littler

15 Key Developments in Canadian Labour & Employment Law in 2019

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Canada saw significant developments in labour and employment law in 2019.  As we embark on a new decade, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve....more

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CANADA: How Can Employers Mitigate Liability for Incidents Related to Alcohol or Cannabis Consumption at Holiday Parties?

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In Canada, employers that host holiday parties for their employees could expose themselves to significant common law liability for the actions of an employee or guest who is under the influence of alcohol or cannabis....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

Littler

Littler Global Guide - Canada - Q2 2019

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Ontario: Amendments to Employment Standards Act and Labour Relations Act - New Legislation Enacted - Bill 66, Restoring Ontario’s Competitiveness Act, 2018, received Royal Assent on April 3, 2019, and amended the...more

Littler

Ontario: Requirements for Mandatory Policies, Training and Postings - June 2019

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Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...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

Littler

Ontario, Canada: Sexually Harassed Employee Wins the Battle but Loses the War When she is Awarded Damages But is Ordered to Pay...

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A recent decision of the Court of Appeal of Ontario, Colistro v. Tbaytel, 2019 ONCA 197, puts employers in Ontario on notice that if they re-hire an employee who has a history of victimizing a current employee by sexual...more

Littler

Ontario, Canada Mandatory Policies, Training and Postings—Are You In Compliance? March 2019

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Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more

Bennett Jones LLP

Bad for Business: How Employers Deal with Problem Employees

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Troublesome employees can disrupt a workplace and subject employers to reputational and economic costs. A panel from Bennett Jones’ Employment Services group recently shared their views on four contemporary issues employers...more

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