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www.canadianlawyermag.com 43 For Legal Services — The Right Fit Matters We give you what you need, not what you don't. With our flexibility and the right expertise across a wide variety of business law areas, we provide a customized legal solution for you and your business – all without compromising excellence in service or advice. For legal representation that's the right fit for you, try our Right-sized Thinking™. 1.800.323.3781 • pallettvalo.com Y E A R S test outlined by Feasby. The key takeaway for employers, the lawyers say, is that they should be aware that the harassment tort now exists and that they could be held vicariously liable for harassment committed by one of their employees. Employers are legally obligated to actively discourage and prohibit harassing conduct or language under several laws, such as human rights codes and occupational health and safety laws. The new tort underscores the need for well-drafted and properly implemented workplace policies, regularly updated to reflect current laws. Says Rempel: "It puts back on the radar "The new separate tort of harassment can be used on top of those claims, providing the potential for even higher damage awards" Howard Levitt, Levitt Sheikh something key to managing a workforce and ensuring you have a healthy workplace." Levitt agrees, adding that Johnston "is a decision every HR manager should read – and then they should upgrade harassment policies, grievance procedures as needed, and make sure everybody in the workplace understands them." And Pavlic notes that "it all boils down to creating a culture of respect for all and training all employees on how to best achieve and maintain that culture."