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A challenging question that employers may face is how to respond to historical complaints of harmful behaviour when such complaints arise and cause conflict in the workplace. It is not unusual for complaints to not be brought forward immediately. At times we see complaints of incidents dating back a few years, sometimes even over a decade.
A workplace investigation will often start with an internal dispute between co-workers. The issue for an investigator will usually be to hear the evidence and to determine what was said or done, and to then determine whether the conduct in question was contrary to the standard of behaviour expected under an organization’s policies.
In recent years, we have seen important shifts in how employers are working to prevent and address harassment, discrimination, and violence in the workplace. As part of their efforts, employers are increasingly implementing training on these topics as a proactive measure.
Workplace restoration is a developing area which is now being considered by many employers. One reason for the growing interest is the ongoing effort by employers to improve the work experience for their employees and to create a safe and harmonious workplace for them.
On September 29, 2023, the Human Rights Commission of Prince Edward Island (“PE HRC”) rendered its decision in the matter of Milligan v, Maczak Holdings Ltd. , a case involving sexual harassment of a restaurant worker at Smitty’s Family Restaurant (“Smitty’s”) in Charlottetown, PEI.
“How was I to know they were offended by my jokes? They never told me they were uncomfortable.”
Jokes between colleagues can be an important contributor to positive workplace culture. Unfortunately, some employees are subjected to jokes and teasing that is offensive or demeaning.
I recently investigated a case where I needed to assess whether the discriminatory conduct that I found contributed to a poisoned work environment (PWE). This topic was explored in a previous blog post by RT, but I felt it was time for a more recent and in-depth look.
Québec case law often goes unnoticed in the rest of Canada and remains inaccessible to most workplace investigators across the country, primarily due to linguistic reasons. This situation is quite unfortunate since Québec courts, tribunals, and adjudicators render interesting and innovative decisions every year in various areas of interest, including human rights and labour law.
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