Sexual Harassment | MacLeod Law Firm

Employer who hires job applicant over an employee’s objection ordered to pay the employee >$ 100 000 in damages

Doug MacLeod — Tue, 02 Apr 2019 14:40:43 +0000

In a recent case, a female employee asked her employer not to hire a male executive because he had sexually harassed her when he had been employed earlier. The employer refused, the employee quit, and claimed, among other things, wrongful dismissal damages and punitive damages. This case deals with the conflict between an employer’s right to hire whomever it wishes and its obligation to provide…

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Workplace Investigations under the Occupational Health and Safety Act

MacLeod Law Firm — Tue, 11 Dec 2018 14:46:07 +0000

The Occupational Health and Safety Act (OHSA) imposes several obligations on employers to investigate complaints of workplace harassment. When there is an incident or complaint of workplace harassment, OHSA requires the employer to conduct an investigation that is appropriate in the circumstances. An employer has a legal obligation to make the workplace safe so if there is any indication of…

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Supreme Court: Increased Potential Liability for Harassment

Nadia Halum — Fri, 09 Feb 2018 17:35:35 +0000

Recently, the Supreme Court issued a significant decision expanding the nature of possible harassment and discrimination claims. The Case In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, Mohammadreza Sheikhzadeh-Mashgoul worked as a civil engineer consultant on a job site where he supervised workers who were not employed by his engineering firm. One of these workers…

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Patrick Brown: Could the Alleged Sexual Harassment/Assaults Have Been Prevented?

Doug MacLeod — Thu, 25 Jan 2018 22:04:00 +0000

Yesterday, CTV reported that two women alleged Ontario Progressive Conservative leader Patrick Brown sexually harassed and/or sexually assaulted them. Shortly after the story broke Mr. Brown resigned as party leader. I don’t think Mr. Brown will deny he met either women. Instead I think he will claim that whatever happened was consensual. In other words, classic “he said, she said” situations.

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Employer Alert: Change to WSIA as of January 1, 2018

Doug MacLeod — Tue, 16 Jan 2018 04:23:03 +0000

As of January 1, 2018, an employee can claim workers compensation benefits for chronic or traumatic mental stress that is predominantly caused by workplace harassment In May 2014 I blogged about an administrative tribunal case which concluded that subsections 13 (4) and (5) of the Workplace Safety and Insurance Act (WSIA) were unconstitutional. January 1, 2018 Change to WSIA On January 1…

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Bill 148 – Summary of Changes to the Employment Standards Act and When Each Change is Implemented

Doug MacLeod — Mon, 04 Dec 2017 19:24:01 +0000

On November 22, 2017, the Ontario legislature passed the final version of Bill 148- the Fair Workplaces, Better Jobs Act. Below is a summary of some of the provisions of the Act , their dates of implementation and their impact on employers and employees throughout Ontario. We offer a fixed fee service for employers who need help complying with these changes.

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Top 10 Employment Law Developments in 2017

Doug MacLeod — Mon, 04 Dec 2017 18:43:45 +0000

In 2017, the provincial legislature and Ontario judges continued to change Ontario’s employment laws. These changes resulted in higher payroll costs and a more regulated workplace. This blog briefly identifies 10 employment law developments from the past year. 1.Changes to the Employment Standards Act. Many changes were made to this law in November. Most of these changes take effect on January 1…

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Bill C-65: The Federal Government’s Crackdown on Workplace Harassment and Violence

Fiona Martyn — Fri, 24 Nov 2017 16:00:42 +0000

On the heels of the viral #metoo campaign, the federal government is cracking down on harassment and violence in the workplace. The Minister of Employment, Workforce Development and Labour recently proposed Bill C-65, an Act to amend the Canada Labour Code (harassment and violence). Federally regulated employers such as banks, telecommunications and transport industries should take note of this…

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All We Do Is Work

Doug MacLeod — Tue, 31 Oct 2017 13:23:05 +0000

This blog introduces you to all members of the firm and describes the kinds of cases we handle. OUR PEOPLE Nicole Simes has been working with me for more than four years. She represents and advises employers and employees. She spends a lot of her time in court and at administrative tribunals: she is a real litigator! Nicole has a particularly strong background and interest in human rights issues.

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#MeToo: Converting an online campaign into action

Nadia Halum — Fri, 27 Oct 2017 20:29:21 +0000

Trigger Warning: This blog contains content about sexual harassment and abuse Following the bombshell reports of allegations of sexual misconduct against Hollywood mogul Harvey Weinstein, thousands of women have taken to social media to participate in the #MeToo campaign to share stories of harassment and abuse they have faced in their own lives. Having worked in the restaurant industry…

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