A workplace investigation is not a tool for ‘fixing’ broken work environments or healing broken workplace relationships. The after-effects of an investigation can make things worse. Teams stuck in conflict are less productive and less efficient. In…
By Gail Gatchalian, Q.C., and Katrin MacPhee Workplace investigators must be conscious of their own implicit biases when conducting sexual harassment or assault investigations. Investigators should be cautious that their judgement is not impaired by the…
Can an employee be terminated for off-duty sexual misconduct? On March 21, 2018, I spoke to CBC Radio Halifax’s Information Morning about this question. A Halifax restaurant and its employee had recently parted ways after the employee…
Does intention matter when it comes to workplace sexual harassment? The short answer is no. Sexual harassment is conduct of a sexual nature that is known or ought reasonably to be known to be unwelcome. This means…
On January 31, 2018, Pink Larkin’s Gail Gatchalian spoke to The Lawyer’s Daily about sexual harassment in legal workplaces. Gail, who is the Chair of the CBA National Labour & Employment Law Section, pointed out that…
By Gail L. Gatchalian On November 22, 2017, I was interviewed by CTV Atlantic about sexual misconduct in the workplace, specifically: Could an employee get in trouble if they have alleged sexual harassment or misconduct and they…
In a decision released last Friday in R. v. J.P., 2017 NSPC 54 , Nova Scotia Provincial Court Judge Marc Chisholm sentenced a male supervisor for two counts of sexually assaulting a young female employee. The supervisor was given…
By: Gail Gatchalian The Harvey Weinstein sexual harassment and assault allegations demonstrate that sexualized violence is about power, that victims don’t report because of fear, and that sexualized violence is reinforced at a societal and structural level….
Many employers have Harassment Policies. They are mostly well-intentioned. Often, a Harassment Policy will set out the general principles of behaviour that is no longer acceptable in the workplace. There will be a mechanism for filing complaints….
A close family friend was walking by a group of teenage boys in a sports facility when he heard them talking about a female classmate who was not present. The boys were commenting on her appearance and…
