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ARTICLE · 11 DECEMBER 2020

Employer Held Liable For Shoddy Workplace Investigation

In a recent decision, the Human Rights Tribunal of Ontario ordered an employer to pay $55,000.00 in compensation to its former employee plus $2,904.00 for lost wages due to an improper workplace...

CanadaEmployment and HR

In a recent decision, the Human Rights Tribunal of Ontario ordered an employer to pay $55,000.00 in compensation to its former employee plus $2,904.00 for lost wages due to an improper workplace investigation. The Tribunal described the conduct of the workplace investigator as egregious and insensitive, resulting in a lack of respect and loss of dignity to the employee.

In the case of AB v. 2096115 Ontario Inc. c.o.b. as Cooksville Hyundai, 2020 HRTO 499, the applicant claimed that she had been discriminated against on the basis of sex while working for her employer, Cooksville Hyundai. The Tribunal found that section 5(1) of the Ontario Human Rights Code  (the “Code”) had been violated and affirmed that “an employer is under a duty to take reasonable steps to address allegations of discrimination in the workplace, and that a failure to do so will itself result in liability.”

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