Canadian Lawyer - sample

w w w . C A N A D I A N L a w y e r m a g . c o m N O V E M B E R / D E C E M B E R 2 0 1 7 39 "To avoid all of that, I'm seeing more and more legal counsel where senior HR folks are advising the organization go external," she notes. "They don't want to have to do a redo." French says the bill has "changed our practice primarily in how we're han- dling investigations." Employers have always looked into situations of sexual harassment, she says, but "maybe not as formally as is required under the legislation, and knowing the Ministry of Labour is watching as carefully as they are cer- tainly is compelling employers to be more formal and transparent in their investigation processes. "It's making sure an employer who has conducted the investigation is just really following the procedural steps, because once they're on the ministry's radar — they're on the ministry's radar," says French. Documentation of the process is abso- lutely fundamental, Shearer says, noting that's what will be scrutinized in the event of a ministry investigation. Shearer says she's starting to see proac- tive employers bringing firms like hers in to take a look at their current policy and process and set themselves up to handle more investigations internally, as well as seeking training to improve the skillset of their internal people to ensure they're complying with the ministry's Code of Practice when they're conducting their investigations and are in a strong posi- tion to withstand any challenges from an employee who goes to the ministry. The firm has a project going on right now with an organization that's saying set us up for success, Shearer says. "Given the law and the Code of Prac- tice, when can we do [investigations] internally and when should we be sending them externally? Make sure our processes comply and people know when it's really offside the legislation to do it internally as opposed to when it's just good practice." With the legislative changes in Ontario likely serving as one of the motivating factors, Alberta recently introduced Bill 2, An Act to Remove Barriers for Survivors of Sexual and Domestic Violence. Like Ontario, the bill, among other amend- ments not as applicable to the labour and employment context, removed the two-year limitation period on instances of sexual violence, and the changes — which came into force May 4 — apply retroac- tively. This means that employers could potentially be fielding accusations from many years ago. Though the changes came about fol- lowing Ontario's Bill 132, the Alberta leg- islation "is much narrower in scope," says Hugh McPhail, partner at the Edmonton office of McLennan Ross LLP. There hasn't been a discernable impact on his practice from Bill 2, he notes, but his general advice to employers is "ampli- fied." He advises employers to "make sure they actively investigate and deal with any incidents when they occur and review and update all sexual violence and harassment policies." French says that as much as the leg- islative changes in Bill 132 focus on the workplace, "they sort of slid that one in, too, which I think is the more legitimate C A N A D I A N L A W Y E R M A G A Z I N E Y E Y R RANKED Your workplace experts. Employment Law Labour Law www.sherrardkuzz.com | 416.603.0700 | 24 Hour 416.420.0738 250 Yonge St #3300, Toronto, ON M5B 2L7 | @sherrardkuzz At Sherrard Kuzz LLP we collaborate with our clients to anticipate and avoid human resources problems. We know proactive steps today will prevent Murphy's Law tomorrow. From human rights to health and safety, and everything in between… If you're an employer, we're the only call you need to make. 24 HOUR 416.420.0738 ntitled-2 1 2017-11-01 3:55 PM

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