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Serious insight for serious situations.

Serious insight for serious situations.

Can jokes amount to harassment if no one told the jokester to stop?

“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.

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Sex, lies, and celebrities: What employers can learn from the Russell Brand allegations

In recent weeks, allegations have been raised about actor/comedian Russell Brand regarding various instances of sexual assault, emotional abuse, and bullying from four anonymous women. As outlined below, this story provides several important takeaways for employers and investigators who deal with these issues.

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Among (Facebook) friends: Investigating personal social media posts as alleged workplace harassment

Social media can be a great way to connect with friends and family, especially those people we don’t often get to visit in person. Unfortunately, social media can also be a venue in which workers make demeaning, threatening, and insulting comments about colleagues and supervisors.

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Raising allegations of discrimination in the workplace: Is it what you say, or how you say it?

In October 2021, my colleague Dana Campbell-Stevens wrote a blog in which she addressed how the law views an individual’s gut feeling about being a victim of discrimination. A recent case from the Saskatchewan Court of Appeal, Thomas v. Saskatchewan Indian Gaming Authority Inc., raises issues respecting the potential implications of an individual voicing such a gut feeling.

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International Day for the Elimination of Violence Against Women: Considerations for your workplace

November 25, 2021, marks International Day for the Elimination of Violence Against Women. As workplace investigators, we know all too well that gender-based violence and harassment is a live issue, the impacts of which can be devastating on the survivor, their loved ones, and the workplace more broadly.

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Sexual assault – a serious form of workplace misconduct

In a recent Provincial Court of Alberta decision, Dupont v. Ag Growth International Inc. (AGI-Westeel), 2021 ABPC 118, the trial judge ruled that just cause termination was a disproportionate measure following a workplace investigation where the dismissed employee was found to have sexually harassed a female colleague. The employer subsequently appealed this decision to the Alberta Court of Queen’s Bench, who allowed the appeal.

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