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Canada Employment Litigation Sexual Harassment

Littler

Canada: Off-Duty Sexual Harassment May Still Trigger a Duty to Investigate

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In a significant decision for employers, the Ontario Court of Appeal in Metrolinx v. Amalgamated Transit Union, Local 1587, upheld the Divisional Court’s ruling that quashed an arbitrator’s decision reinstating five employees...more

Bennett Jones LLP

Please Take a Number: Alberta Human Rights Complaints at a 10 Year High, Other Trends and Tactical Offers

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The Alberta Human Rights Commission (the Commission) recently published its annual report, highlighting trends in human rights complaints for the fiscal year April 1, 2023—March 31, 2024....more

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

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

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

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

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

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

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

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