Stephanie advises and represents both public and private sector employers on a wide range of labour and employment matters. Her practice includes collective agreement negotiations, rights and interest arbitrations, human rights applications, wrongful dismissal litigation, employment standards and pay equity matters.
Topic: Sexual Harassment
Jodi Gallagher Healy
Jodi represents employers in grievance and interest arbitrations, workers’ compensation claims and revenue appeals and wrongful dismissal litigation. She also advises employers on various issues including human rights and accommodation, employment standards compliance and workplace privacy.
Leanne N. Fisher
Leanne advises public and private sector employers on a wide range of labour and employment-related issues, including collective bargaining negotiations, rights arbitrations, human rights issues, wrongful dismissal matters, harassment and whistle-blowing complaints and AODA compliance issues.
Njeri Damali Sojourner-Campbell
Njeri helps employers realize the potential of their workplaces through the development of polices and procedures, the design and delivery of training for managers and employees, and, when the need arises, resolution of legal disputes through mediation and litigation.
Significant Damages Awarded Against Employer for Sexual Harassment of Temporary Foreign Workers
In a recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”), Vice-Chair Mark Hart imposed a significant damages award against corporate respondent Presteve Foods Ltd. and its directing mind, Jose Pratas (“the personal respondent”). In O.P.T. v. Presteve Foods Ltd., two Applicants, O.P.T. and M.P.T., alleged that the personal respondent had engaged in…
Maintaining a Workplace Free of Sexual Harassment
Over the past several months, the issue of workplace sexual harassment has been in the spotlight and the subject of considerable discussion. In response to recent media attention, the Ontario Human Rights Commission recently issued a statement reiterating the legal duty of employers to prevent sexual harassment and to respond to any complaints in the…
Arbitrator Upholds Dismissal of Grievor for Posting Vicious Comments about Co-Worker on Facebook
In a recent labour arbitration award, Arbitrator Laura Trachuk upheld the dismissal of a three and one-half year employee for posting vicious, humiliating and threatening comments about a co-worker on Facebook. While the Arbitrator left many specifics out of her decision in order to protect the identities of those involved, this decision serves as an…
Court Upholds Discharge for Sexual Harassment
In a recent decision, the Ontario Divisional Court found that the discharge of an employee (grievor) who had sexually harassed a co-worker was an appropriate penalty. An arbitrator’s decision reinstating the grievor had relied on irrelevant factors and therefore fell outside the range of possible defensible outcomes. The irrelevant factors considered by the arbitrator included…
Is it Appropriate to Reinstate an Employee Whose Employment Was Terminated as a Result of Sexual Harassment?
In Professional Institute of the Public Service of Canada v. CEP, Loc. 3011, the Ontario Divisional Court concluded it was not. The grievor, a mail room clerk with six years seniority, tried to kiss a female cleaner. When she pushed him away, he grabbed her buttocks. The female worker reported the incident and stated that…