role of a workplace harassment lawyer in arbitration
When a worker brings a complaint of harassment or discrimination, the employer has an obligation to investigate the matter, including talking to the person who made the complaint and to the alleged harasser (if they are employed by the company). Workers should be encouraged to co-operate with investigations. If they do not, disciplinary action may need to be taken. If a worker does not want to talk to investigators, they should be informed in writing of the reasons why and be offered alternative ways to report incidents and seek justice.
The employer should also provide the results of the investigation to the worker who complained and to the alleged harasser. If a worker does not agree with the outcome of an investigation, they can request to have it arbitrated. If they do, their case will be heard by an arbitrator who is not a party to the human rights dispute.
A workplace harassment lawyer can help an employee understand the arbitration process. The arbitrator will review the evidence and make a decision on what they believe is a fair punishment for the person who committed the act of harassment or discrimination. In addition, the arbitrator can decide whether or not the employer’s discipline was reasonable or not. If the alleged harasser has a union, their arbitrator can also take into consideration what the union has recommended as a penalty.
What is the role of a workplace harassment lawyer in arbitration?
In a case where a worker is being harassed, the employer should remove that person from the workplace if possible. This may include putting them on paid leave while the case is being investigated. However, the employer must consider how this will affect the safety of other employees. It should also be aware of the potential for harassment to continue in the absence of the alleged harasser.
An employer may try to protect themselves by relying on the defences in the workplace harassment Ontario violence and harassment legislation or by using their OH&S policies. However, these are not enough to avoid a finding of liability and significant orders made against them. In these cases, an employer can expect to pay damages for wrongful dismissal and back pay.
A workplace harassment claim involves inappropriate conduct or behaviour that has the effect of intimidating, demoralizing, inflicting emotional distress, or making a person feel uncomfortable. It may be from a co-worker, customer, client, student, patient, visitor or stranger. It can be a single incident or a pattern of events that occurs over time. The conduct must breach the Code, which prohibits sexual harassment and other prohibited activities.
Workplace harassment can be difficult to identify and address because it happens over time. It can also be hidden from the naked eye, such as when a co-worker acts with impunity or the employer fails to recognize it. When unchecked, it can lead to a toxic working environment where people are afraid to speak up for their own human rights. This is why the Code requires employers to have anti-harassment and anti-discrimination policies and practices, and why it is so important that they be adhered to.