Workplace Sexual Harassment

Proving the Case

Fundamental Test The classic test to be met by the successful applicant in a workplace sexual harassment complaint is to show: An employment relationship; and Conduct which was unwelcome, when
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Federal Policy Manual

Policy Manual in Compliance with Canada Labour Code Amendments as of January 1, 2021 Mission statement ABC Company [ in co-operation with our unions] , is committed to a healthy,
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Naming the Respondents

Naming Personal Respondents The administrative remedy for sexual harassment is much the same as for any human rights remedy, with one significant exception, which is determining which persons should be
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Need for a Warning ?

  The need for a warning typically in common law cases has been seen as necessary to clarify exactly the level of conduct which is expected by the employer. This
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Compensatory Awards – Quebec

Quebec An award of $5,000 was made to a woman whose manager confided to her repeatedly about his personal life, encouraged her to leave her spouse, made unwelcome comments of
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Sask & Manitoba – Statutory Caps

Saskatchewan As difficult as it may be to believe, the legislators of Saskatchewan have placed a limit on the sum which may be awarded for compensatory damages for a sexual
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Credibility Issues

Test re Credibility Assessment  Many cases involve conflicting recounts of the facts involving two competing parties, with no independent witnesses supporting either view. In this event, credibility becomes an extremely
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