Employment lawyer on 980 CFPL about Canadian Armed Forces, workplace harassment

As more news concerning harassment and sexual misconduct within the Canadian armed forces has begun to circulate, questions regarding employers’ obligations and employee rights have also arisen. What process should employers implement in order to properly investigate reports of harassment? Are some workplaces more prone to harassment and discrimination?

A Toronto employment lawyer at Samfiru Tumarkin LLP joins Global News Radio’s 980 CFPL with Devon Peacock to answer questions on allegations of harassment in the workplace and more.

What They Discussed

What obligation does an employer have once an allegation of harassment has been made?

Employers are obligated to take the allegations seriously and properly investigate the claims of harassment.

Do employers have any excuse if they have not properly investigated and resolved claims of harassment?

Employers often want to avoid the monetary risks and potential damage to the reputation of the company of harassment allegations. However, it is important to note that employers should have policies in place that advise employees as to what constitutes harassment and what their rights and next steps are.

What rights and protections do employees have if they are victims of misconduct?

Employees are guaranteed a safe workplace in Ontario under the Occupational Health and Safety Act, and free of harassment. Under this legislation, employees can file a complaint and are protected from reprisal by their employer.

What are the consequences for employers who do not properly address claims of harassment?

Employees can pursue constructive dismissal if they do not feel comfortable working in that environment as they have filed a report and the issue was not addressed. Employers will have to pay severance to employees who resign under these conditions.

Are more employees feeling empowered to voice their complaints regarding harassment?

Over the last few years, there are more employees speaking up in regards to workplace harassment partly due to the MeToo movement. Employees who feel they are in a difficult situation can also reach out to employment lawyers for more counsel.