The obligations of employers and their limits, whether regarding the prevention of harassment or dealing with complaints by alleged victims, can raise complex issues, each of which call for an approach that is tailored to the special facts of the case.
We advise clients in all aspect of prevention, investigation and dealing with potential harassment situations.
We draft psychological and sexual harassment policies, and implement complaint mechanisms and prevention tools, notably, by training managers.
Our team also carries out investigations where particularly delicate or complex matters involving allegations of harassment require a qualified external investigator. In this capacity, we meet all of the persons involved and relevant witnesses, analyze the allegations of harassment in light of the law, and draft a comprehensive report concluding whether the allegations are well-founded or are not.
In any matters where we do not act as an investigator, we defend the interests of our clients when a complaint is filed with the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) pursuant to the Act respecting Labour Standards. We represent our clients both in mediations as well as in hearings before the Administrative Labour Tribunal and the courts of general jurisdiction.
We also offer practical training seminars adapted to the needs of our clients concerning the application of the provisions on psychological and sexual harassment in the Act respecting Labour Standards.