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harassment claims within workplaces
during the COVID-19 pandemic.
However, as protests around the
world continue to shed light on
systemic issues of discrimination,
Canadian businesses may see a rise in
discrimination and harassment claims
in the workplace.
In 2019, a class action against the
Royal Canadian Mounted Police for
discrimination and harassment related
to gender and sexual orientation was
settled for approximately $100 million
(see the 2020 Tiller v. Canada, 2020 in
Federal Court). In addition, late last year,
the same court approved a $900-million
Canadian Armed Forces sexual
misconduct class-action settlement (see
the 2019 Heyder v. Canada (Attorney
General) in Federal Court).
Occupational health and safety
legislation generally requires employers
to develop and implement workplace
violence and harassment prevention
policies. At a minimum, to limit
potential liability, employers should
develop, implement and appropriately
train workers and managers on
such policies.
Reducing the risk
Proactive compliance with employment
regulations is key when it comes to
mitigating against the risk of class-action
lawsuits. Businesses should regularly be
reviewing and assessing their practices
and policies for compliance.
To assist businesses with this, we
To avoid misclassification claims,
employers must consider the actual
relationship between the worker
and the employer.
To avoid misclassification claims,
employers must consider the actual
relationship between the worker and
the employer. The determination is one
of substance over form as courts and
tribunals will consider the functional
relationship between the parties,
rather than how the parties define
their relationship.
Discrimination and harassment
With fewer in-person interactions in
the workplace, we have seen a decrease
in the number of sexual or physical
Innovation
and Adaptability
Practical solutions that keep
HR Professionals top-of-mind
McCarthy Tétrault LLP I mccarthy.ca
have developed the HR Compliance
Diagnostic tool. Functioning like a car
safety check, this tool identifies gaps in
compliance and offers workable solutions
to bridge these gaps. Recognizing that
there is a myriad of considerations for
every business, solutions are tailored
to address the unique needs of each
workplace.
CHRR
All at McCarthy, Tim Lawson is national
practice group leader in the labour and
employment group in Toronto; Lauren
Soubolsky is an associate in the labour
and employment group in Vancouver;
Danielle Douglas is an associate in the
labour and employment group in
Calgary; Caroline-Ariane Bernier is an
associate in the labour and employment
group in Montreal; and Marco Fimiani
is an associate in the labour and
employment group in Toronto. For more
information, visit www.mccarthy.ca.
