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Labor & Employment Law

: Thoughts from a Management Lawyer

Investigating Human Rights Complaints

By Michael Fitzgibbon

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The Ontario Human Rights Tribunal in a recent case adopted six factors for assessing the sufficiency of a respondent?s efforts to address allegations of discrimination and harassment:

(i)  the response must be prompt;

(ii)  there must be corporate awareness that the conduct complained of is prohibited;

(iii) the matter must be dealt with seriously;

(iv) there must be a complaint mechanism in place;

(v)  the respondent must act so as to provide a healthy environment; and

(vi) the respondent must communicate its actions to the complainant.


There are a number of earlier cases that also discuss these factors (See Wall v. University of Waterloo (1990), 27 C.H.R.R. D/44, Drummond v. Tempo Paint and Varnish Co. (No. 4) (1998), 33 C.H.R.R. D/175 (Ont. Bd.Inq.) and Abdallah v. Thames Valley District School Board, 2008 HRTO 230 (CanLII), 2008 HRTO 230 (CanLII).) 

Many employees believe that if they come to the employer and say "I'm telling you this in confidence and I don't want you to do anything with this information" that the employer is required to "do nothing".  In fact, the employer must do "something" with the information and that something will involve investigating and getting to the bottom of it. 

Full post as published by Thoughts from a Management Lawyer on June 27, 2009 (boomark / email).

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