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Forum Shopping May Have Met its Match!

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As most employers can attest, complaints of workplace harassment are on the rise.

Complicating matters is that employees are no longer content to restrict the airing of their complaints to specialized human rights tribunals. Instead, we increasingly see an employee alleging workplace harassment in several fora simultaneously – before a human rights tribunal, before a workplace safety and insurance tribunal (seeking compensation for “chronic mental stress”), in the civil courts (seeking damages for “constructive dismissal”), and more recently before provincial labour boards.

This “forum shopping” can cause considerable stress and financial burden on an employer that has no option but to respond to each and every claim, or risk a finding of liability.

Click here to read the full Briefing Note from Sherrard Kuzz.

 

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