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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 41 independent investigators at the employ- er's cost and, to her knowledge, no one has suggested an amendment like that, says Epp. The concern for Epp is that an independent investigator is not always the most appropriate way to deal with an allegation, and there are more cost-effi- cient options such as forms of alternative dispute resolution, which don't always have to be face to face, depending on the circumstances. If the option for Manitoba's workplace safety and health people to have that power ever came up, "I think there would be a tremendous amount of pushback because not every employer can afford that kind of a cost," Epp says. French says that while Ontario's man- date is to be proactive and intervention- ist, "the more practical investigators are realizing ordering a $15,000 investigation isn't necessarily what's warranted but what they're looking for with that 'third party' is the independence to make sure the inves- tigator is outside of the scope of authority of someone who is the subject of the investigation." Epp says she finds the principles behind the legislative changes — wheth- er in Alberta, Manitoba or Ontario — are being incorporated into the com- mon law in all jurisdictions, with or without specific legislation. From a best practices standpoint, Epp recommends that her clients — whether or not the legislation applies to them — have strong policies in place. Looking forward, French predicts that, in the next six to 12 months, "we're going to see the ministry scrutinizing whether people are in fact undertaking their annual review of the policy as required and training." Even employers who have robust workplace harassment policies and a thorough enough program that would withstand the scrutiny of the ministry would be well advised to check again, she says. Employers need to under- stand it's not a measure they can create, implement, put on a shelf and dust off as required. "I can't emphasize enough the importance of going back and making sure that the policy is in compliance with Bill 132 and that the annual train- ing is being done accordingly. You don't want to be in the throes of litigation or a serious incident when you realize you're out of date or non-compliant." I CAN'T EMPHASIZE ENOUGH THE IMPORTANCE OF GOING BACK AND MAKING SURE THAT THE POLICY IS IN COMPLIANCE WITH BILL 132 AND THAT THE ANNUAL TRAINING IS BEING DONE ACCORDINGLY. SHANA FRENCH, Sherrard Kuzz LLP Order # 804218-65203 $488 2 volume looseleaf supplemented book Anticipated upkeep cost – $406 per supplement 4-6 supplements per year Supplements invoiced separately 0-88804-218-3 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Canadian Employment Law Stacey Reginald Ball More than 7,000 cases cited Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada, and is used in law schools throughout Canada. Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Also available online on WestlawNext® Canada EmploymentSource™ © 2016 Thomson Reuters Canada Limited 00234UC-84746-CE 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Referrals on behalf of employees and employers respected all_CL_Mar_12.indd 1 12-03-13 2:27 PM

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