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Bow River Law’s YouTube channel offers clear, accessible legal insights on employment issues affecting Albertans. We’ve curated a list of five top videos that break down common concerns about workplace harassment in Alberta, presented by our team of experienced employment lawyers.
S1 E11: How Long Does an Investigation into Sexual Harassment Take?
Joel Fairbrother, Employment Lawyer and Partner at Bow River Law
In this recent video, Joel answers the central question:
How long does a workplace investigation into sexual harassment take?
He explains that most workplace investigations take between one and three weeks, although some may last up to three months. He also addresses the related question:
What happens to the complainant or the alleged harasser during the investigation?
Joel explains that employers often separate the parties, which can involve placing either person on paid leave or adjusting work locations. He outlines another key topic:
How do investigators gather information?
He notes that investigators, whether internal or external, usually interview every directly involved person to understand what occurred or what witnesses observed. Joel explains that the investigative outcome may be a founded allegation, an unfounded allegation, or a situation where evidence is not sufficient to corroborate claims.
He highlights that limited information can prevent clear findings. Joel concludes by summarizing the overall timeline again and reinforcing that most investigations fall within the one to three-week range.
S1 E30: Should I File a Harassment Complaint?
Sarah Coderre, Employment Lawyer and Partner at Bow River Law
Sarah Coderre explains that the decision to file a harassment complaint depends on several workplace factors and personal goals. She begins by addressing a key question:
Do you have someone to file a complaint with?
Many larger companies have a human resources department and a formal harassment policy. Sarah notes that reviewing this policy is often the first step because it outlines the required process. She highlights another essential question:
Does the policy require steps before submitting a formal complaint?
Some policies require employees to speak with the offending person first to communicate that the conduct is unwelcome. If the issue remains unresolved, the policy may instruct the employee to escalate the matter to a manager before filing a formal complaint with human resources. Sarah then discusses another important consideration:
What are your goals in filing the complaint?
She explains that many clients expect human resources to resolve the issue quickly, but HR professionals primarily manage organizational liability, not individual advocacy. As a result, employees may feel disappointed if the complaint does not lead to visible action.
Sarah emphasizes that privacy laws prevent employers from sharing disciplinary outcomes, which means complainants rarely learn what consequences the harasser received. She advises employees to reflect on whether they want to document a pattern of behavior, seek an improvement in treatment, raise awareness of ongoing issues, or pursue meaningful change within the workplace. She also identifies another critical question:
Are you expecting the harasser to be punished?
Sarah notes that employees who seek disciplinary punishment often feel dissatisfied because employers cannot disclose disciplinary measures. She explains that harassment can sometimes damage the employment relationship and even lead to constructive dismissal if the conduct continues or if the employer’s response is inadequate.
Sarah concludes by stating that employees who feel uncertain about filing a complaint should speak with an employment lawyer. Legal advice can help them decide how the complaint fits within the broader context of their employment and whether there are additional human rights or risks to consider.
What Is Workplace Harassment?
Chris Jones, Employment Lawyer at Bow River Law
In this video, Chris answers the key question:
What is workplace harassment under Alberta law?
Chris Jones defines harassment as unwanted workplace behavior that demeans, humiliates, or embarrasses an employee. The content highlights an important legal topic:
What obligations do employers have regarding harassment?
Chris further explains that Alberta employers must take reasonable steps to prevent and address harassment. Failure to meet these obligations can create a hostile or toxic workplace. Another related topic addressed in the video is:
What legal risks arise when employers fail to act?
Chris notes that in some circumstances, the employer’s failure can support a constructive dismissal claim or form the basis for a human rights complaint. The explanation focuses on employer accountability and the consequences of inadequate responses to workplace harassment.
S1 E15: HSAA v AHS, 2023 CanLii 37831 – Respiratory Therapist Harassment
Joel Fairbrother, Employment Lawyer and Partner at Bow River Law
Joel Fairbrother provides a detailed summary of a labor arbitration decision involving a respiratory therapist dismissed for harassment. Early in the video, he addresses the guiding question:
What happened in this case that led to termination for cause?
He explains that the employee repeatedly made sexual innuendo and racial comments toward a coworker of Asian descent over six weeks. He also identifies another key topic:
How did the arbitration panel assess the evidence?
Joel notes that the panel accepted witness testimony confirming the sexual comparisons, despite the griever denying those aspects. He also describes how the panel viewed additional conduct, including race-based nicknames and pushing a chair into the coworker, as part of a broader pattern of harassment. Joel then addresses another topic:
What legal framework did the panel use?
He explains that the panel applied the William Scott factors to determine whether termination for cause was justified. The panel considered the seriousness of the conduct, its impact on the complainant, the repeated nature of the behavior, and the griever’s lack of insight. He highlights an important discussion point:
How did long service and lack of prior discipline influence the decision?
Joel notes these factors helped the employee, but the seriousness of the behavior outweighed them. He also identifies another significant topic:
How do microaggressions appear in arbitration decisions?
He explains that the panel noted the cumulative effect of repeated targeting and commented on how even microaggressions can be serious when constant. Joel concludes by noting that the panel upheld termination for cause and that the case is notable because cases involving female harassers are rare.
What Is Digital Harassment?
Daniel Jonasson, Employment Lawyer at Bow River Law
Daniel answers the central question in this video:
What is digital harassment in the workplace?
Daniel Jonasson defines digital harassment as unwelcome workplace behavior delivered through electronic communication, including email, social media, and messaging applications. The video also addresses an important topic:
What rights do employees have regarding digital harassment?
Mr. Jonasson explains that employees are entitled to a workplace free from digital harassment. Another key point is:
What obligations do employers have?
Mr. Jonasson states that employers must prevent digital harassment and respond when it occurs. The video concludes by encouraging individuals who believe they have experienced digital harassment to seek legal guidance to understand their options.
Learn More About Workplace Harassment in Alberta
Each of these videos offers valuable, plain-language insights from the Bow River Law team to help employees across Alberta better understand their workplace harassment.
Visit the YouTube channel to explore more topics and subscribe for regular updates:
Stay informed, stay empowered. As always, we’re here to help.
