What
is the definition of sexual harassment? What is the test used by the courts/tribunals?
Where
is the line between kibitzing and sexual harassment? Is sexual harassment by a
supervisor different from sexual harassment by a co-worker?
Is
a single incident sufficient to constitute sexual harassment? Must the victim
object before filing a complaint?
How
should the employer respond when facing an allegation of sexual harassment in
the workplace? Is the employer required to investigate every allegation and interview
the complainant's witnesses? Does the employer have to hire an independent investigator?
Does
the employer have an obligation to remove the alleged harasser from the workplace?
Or transfer the complainant or alleged harasser to another department?
Is
the victim entitled to the investigation report?
What
are the rights of the accused harasser? Entitlement to union representation? To
know the allegations and who the complainant is? To face the accuser?
What
is the union's duty to the complainant? To the accused harasser?
What
legal avenues exist for obtaining remedies? What remedies are tribunals currently
ordering? What defences are available?
- What
are the pros and cons — for the employer, the union and the victimized employee
— of the human rights complaint process, arbitration, and an internal investigation
process?
