Mackenzie Irwin on Harassment and Defamation

Interview Summary

While the MeToo movement has encouraged women to come forward with their own stories of harassment and abuse at the workplace, some have faced challenges in the form of retaliation by previous employers or co-workers. What can employees facing harassment in the workplace do when facing a defamation suit?

Mackenzie Irwin, an employment lawyer and Associate at Samfiru Tumarkin LLP joined host Christine Van Deyn on Canadian Justice to discuss defamation suits and harassment at the workplace.

Interview Notes

Is it common for employers facing harassment allegations to file a defamation suit against employees?

While this is not common, there does seem to be a trend in which an employer brings about a counterclaim in response to an employee’s harassment or sexual assault allegations.

Are defamation suits more likely to occur if there are sexual assault claims alleged?

Generally, the purpose of retaliatory responses by employers seems to be to intimidate an employee in order to ensure the harassment complaints are retracted. Most employers have not faced serious repercussions as a result of harassment claims.

What is an NDA and why are they so common in harassment claims?

A non-disclosure agreement is a legally binding contract between two parties that establish individuals involved in the claim will keep the information in the settlement and claim confidential. Non-disclosure agreements are commonly used in employment matters that have elements of harassment as typically one party has a significant interest in keeping information private and maintaining their reputation.

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• Employment lawyer on Sexual Harassment and Non-Disclosure Agreements

Do employees/clients who refuse to sign an NDA have any options?

Ultimately whether or not a client agrees to an NDA depends on what their goals are; if an employee wants to bring more attention to issues of harassment in the workplace they could refuse to agree to an NDA. It is important to remember however that signing an NDA is typically a deal-breaker for employers in coming to a settlement.