Labour Notes® Newsletter Features Article by Paul Schwartzman on the Liability of Service Providers Regarding Harassment Between Customers
The March 29, 2018 issue of Labour Notes® newsletter features an article authored by Hicks Morley lawyer Paul Schwartzman.
In this article “Are Service Providers Liable For Harassment Between Customers? The Divisional Court Weighs In”, Paul examines a recent decision of the Human Rights Tribunal of Ontario (HRTO) that was reviewed by the Divisional Court. The Court provided useful guidance for organizations that supply services to the public, as well as insight into the applicable legal standards.
Service providers need to review their policies, provide training to their employees and ensure compliance in addressing incidents between customers. Employers are not responsible for inappropriate outbursts made by clients, but they are responsible for how their employees respond to such incidents. Employers are also not required to provide a perfect response, but it does need to be “reasonable” based on the circumstances and context.