Ontario's Human Rights Commission issued a statement on
November 25, 2014 in relation to sexual harassment and the Ontario
Human Rights Code. The statement reminds employers as to what
constitutes sexual harassment as well as how to prevent it or deal
with it in the workplace. The statement also links the
Commission's Policy on Preventing Sexual and Gender-Based
The primary recommendations of the Commission are as follows:
(i) employers should have a clear and comprehensive policy in
place; (ii) employers should ensure that all employees have access
to the policy and are aware of their rights and responsibilities;
and (iii) employers should ensure that all employees in positions
of responsibility have been trained in relation to the policy.
While the statements and policies of the Commission do not have
the force of law and instead simply set out the Commission's
interpretation of the law as of the date of posting, they are a
good reminder of what the Ontario Human Rights Tribunal looks to
when determining a sexual harassment complaint.
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Ten days following the election, join us for a discussion with Gary Doer, former Canadian Ambassador to the US, and Gordon Giffin, US Ambassador to Canada under Bill Clinton, to discuss how the new President and Congressional makeup will shape US-Canada relations for years to come.
On November 8, 2016, the United States will go to the polls to elect their 45th president. Whether it is Hillary Clinton or Donald Trump, this decision will profoundly shape American policy for the next four to eight years. As our largest trading partner and neighbour to the south, the next US administration will influence a broad range of policy issues that directly impact Canada. These include the future of NAFTA and the TPP, the Arctic and geo-politics, the renewal of the Softwood Lumber Agreement, and the energy sector.
On Thursday, September 22, 2016, Dentons hosted a panel discussion about the management of liabilities and risks associated with environmental crises, including potential liabilities for directors and officers and provided insight into risk and liability techniques associated with environmental crisis management.
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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