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Rubin Thomlinson LLP, with practitioners based in Toronto, Ottawa, Montreal, and Vancouver, has a national presence focused solely on workplace investigations and training.
As discussed in an earlier Osler blog post, there are several key new obligations.
First, employers will be required to conduct investigations not only into complaints, but also “incidents” of workplace harassment.
The Code of Practice is non-binding, and failure to comply does not necessarily mean the employer is in breach of the workplace harassment provisions under the OHSA.
However, it does shed light on how the Ministry has interpreted these amendments.
As the only national firm in Canada to focus solely on these complex and challenging cases, Rubin Thomlinson is synonymous with workplace investigations — operating with speed, sensitivity, and sureness.We appreciate your interest in our Firm and will do our best to respond to your inquiry within 24 hours.(the OHSA) becoming law quickly approaching, now is the time for employers to conclude the revamping of their internal policies, programs and procedures, if they have not already done so.Third, and critically, Ministry of Labour inspectors will have the power to order the employer to retain an outside third-party investigator.While the OHSA is silent on this point, it appears that the inspector will have such power not only if the employer failed to investigate, but also if the inspector concludes that the investigation was not “appropriate in the circumstances.” In order to help employers understand the new requirements, the Ministry of Labour recently released its Code of Practice to Address Workplace Harassment under Ontario’s (the Code of Practice).
As such, employers now have a duty to investigate, even if there is no formal complaint from any worker.