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Sexual Harassment Law

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1. Sexual solicitation by a person in a position to confer benefit: Ontario Human right conde 7.3
2. Employers understand that the dismissal of an employee can fall into either of two categories:
(i) Explicit dismissal, where the employer decides to terminate the employment of an employee and so informs the employee; or
(ii) “Constructive” (sometimes called “effective” or “deemed”) dismissal, which occurs when the employer unilaterally changes a fundamental term of the employment relationship with the employee without explicitly terminating the person’s employment.
3. Wrongful dismissal: The unlawful termination of an employment contract where the termination breaches one or more terms of the contract of employment
4. Entitlement: An individual's right to receive a value or benefit provided by law.
5. Tort (defamation): Defamation is a statement that injures a third party's reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements).
6. Reasonable notice: An employee is entitled to a certain amount of notice (or pay in lieu ofnotice) when their employment is terminated without cause.
Solutions:
1. Alternative dispute resolution (ADR): refers to any means of settling disputes outside of the courtroom. Negotiation (dialogue to reach a beneficial outcome), conciliation, mediation, and arbitration (one or more arbitrators who make a binding decision on the dispute)
1. Agency duties: fiduciary (person who holds a legal or ethical relationship of trust ). Full disclosure, no secret profits, act in good faith, care and skill
2. A judgment that may be rendered in a contract misrepresentation case involving false statements that induced one party to enter into a contract. In negligent representation, the defendant is judged not to have known that the statements made were false. The general remedy in civil court for…...

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