Domestic Violence and Sexual Harassment Related Investigations: Legal Perspectives from Canada and the UK

CM Murray LLP - Employment, Partnership and Regulatory Law

We are pleased to introduce a three-part podcast series focusing on investigations, where Emma Bartlett, Partner, and Gabrielle Lintott, Associate, at CM Murray LLP, are joined by special guest, Emily Kaufer, Senior Director of Human Rights and Harassment at Air Canada. In this first recording, Emma, Gabrielle and Emily discuss domestic violence and sexual harassment related investigations, with a particular focus on the following: - The law on preventing sexual harassment in the workplace in Canada and the United Kingdom, including a discussion surrounding the extension of the primary workplace and alleged harassment or other inappropriate conduct which occurs outside of the workplace, and how employers should approach and investigate allegations of sexual harassment. - Domestic violence or family violence in the workplace, specifically, the varying obligations on employers in Canada and the United Kingdom to prevent, investigate and manage allegations of domestic violence, and how employers might be alert to and support employees who may be the recipient of domestic violence. - The recently introduced mandatory duty on employers in the United Kingdom to take reasonable steps to prevent sexual harassment in the workplace (a preventative duty), with a discussion as to what those reasonable steps could include and those steps which might have a meaningful and real impact in preventing sexual harassment. - The importance of fostering a “speak-up” culture, including by ensuring that an investigation is undertaken independently, thoroughly and fairly, and by someone who understands/has knowledge around what is likely to constitute sexual harassment or domestic violence, and who can objectively make findings, even where such findings might be detrimental to the business.