Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

Employment, Labour, & Human Rights

Workplace Harassment & Violence

Allegations of harassment, violence and discrimination in the workplace can have an explosive impact on the workplace, the individuals who allege misconduct, as well as those accused of having participated in the offending conduct.

The Mann Lawyers employment law team has significant experience in matters involving allegations of discrimination and/or harassment in the workplace.

In creating workplace policies, employers may specify that complaints brought forth by an employee will trigger an investigation. The intention is likely to ensure fairness and due process.

Investigations can play a valuable role, especially in the human rights context, where allegations are serious, or where an employer is considering a dismissal for cause. In these contexts, it is important to show that an employer acted promptly and responsibly and not in a discriminatory or bad faith manner.

On the other hand, investigations aren’t always the most helpful tools from a practical perspective. They can be expensive, time consuming, and damaging to relationships. Additionally, if a matter progresses to an arbitration, hearing, or trial, the decision maker is likely to effectively repeat the process to determine liability. Having an investigation report can help demonstrate that you acted diligently as an employer, but a Court won’t necessarily agree with the Investigator’s analysis or conclusions.

Therefore, it may be most beneficial to have a policy that contemplates alternatives or preliminary steps before a full-fledged investigation is undertaken:

Rigid adherence to one process may not be the best approach to handle workplace disputes. Adding room for flexibility in policies allows an employer and employee to craft a proportionate and appropriate response to concerns raised.

Employers

We provide advice to employers on prevention (policies and training); on strategies and options for responding to a harassment complaints; and advice on post investigation resolution options which may include training, mediation or in some cases termination of employment.

Individuals

We also provide advice to individuals who have experienced harassment, violence or discrimination in the workplace. We likewise work with individuals who have been accused of having engaged in harassment in the workplace. In all cases we assist and provide guidance to our clients as they move through the complaint, interview and resolution stages of the complaint process.

Connect with our Team

Offices in Ottawa and Perth     (613) 722-1500

Related Service Areas

Collective Bargaining
Contracts
Employment & Labour Legislation
Employment Management Advice
Executive Compensation
Human Rights
Leaves Of Absence
Policies And Procedures
Professional Responsibility
Sale Of Business
Termination Of Employment
Tribunal, Arbitration, & Hearings
Union Certification & Decertification
Workplace Investigations

More Resources

Blog |
Family Law
By: 
Co-parenting with your ex-partner can be challenging. It involves constant coordination and communication about various aspects of your children’s lives. Whether it is about schedules,[...]
Blog |
Wills, Trusts and Estates
By: 
Over time, individuals could acquire assets in different jurisdictions that are governed by different legal systems. Similar to the consideration of double wills in distinguishing[...]
Blog |
Family Law
By: 

Posted January 31, 2024

In the first part of this series, we reviewed the background, trial, and appeal to the Saskatchewan Court of Appeal in Anderson v Anderson. This[...]
Blog |
Practice Management
By: 

Posted January 26, 2024

On July 17, 1797, ten lawyers were present at the Wilson’s Hotel in Newark, Upper Canada, to read “An Act for the better regulating the[...]
Blog |
Business Law
By: 

Posted January 23, 2024

A not-for-profit corporation incorporated pursuant to the Canada Not-for-Profit Corporations Act (the “CNCA”) is required to maintain certain records, including records as to its members,[...]
Blog |
Employment, Labour, and Human Rights
By: 

Posted January 17, 2024

In November of 2023, the Ontario government introduced new legislation, once again, amending the Employment Standards Act, strengthening employment and labour laws in the province.[...]

Subscribe to Our Newsletter

"*" indicates required fields

Name*
Consent*
This field is for validation purposes and should be left unchanged.