Blog
What Constitutes an “Appropriate” Workplace Investigation? Labour Board Weighs In.
Ontario employers are required under the Occupational Health and Safety Act (“OHSA”) to investigate incidents and complaints of workplace harassment in a manner that is “appropriate in the circumstances.” There has been relatively little guidance on what this means in practice.
Employer Held Vicariously Liable for Employee’s Foul Mouth
An Ontario employer was vicariously liable for its male employee’s discriminatory conduct toward his female colleague and was ordered to pay damages for injury to the female employee’s injury to dignity, feelings, and self-respect.
An update on Workplace Sexual Harassment Decisions
In recent months, there have been several noteworthy decisions from human rights tribunals across Canada on sexual harassment in the employment context. We explore those decisions below and provide key takeaways for Ontario employers.
Single Act of Sexual Misconduct Cause for Termination (But Not Willful Misconduct)
In the recent decision of Render v ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, the Ontario Court of Appeal upheld the decision to terminate a manager for cause for a single act of sexual misconduct.