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Examining the Exception Dealing with bad faith allegations of bullying, harassment, and misconduct

Thursday, April 8, 2021, 12:30 pm - 2:00 pm EDT

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Mihad Fahmy

Lawyer/Workplace Investigator


Kamal Bakhazi

Union Counsel
Koskie Minsky LLP
Stephanie Henry

Employer Counsel
Bennett Jones LLP


While most employees and employers raise workplace issues in good faith, complaints procedures and investigation processes are occasionally abused by those with ulterior motives. Employers and unions must be able to distinguish between false accusations levied with malicious intent and complaints that simply cannot be substantiated. In this session, experts will provide practical guidance on recognizing and responding effectively to bad faith allegations of bullying, harassment, or misconduct with a view to preventing disruption and protecting individuals who are falsely accused.

  • What is the definition of bad faith? What evidence is required to establish that allegations of bullying, harassment, or misconduct have been made in bad faith?
  • What is the difference between bad faith allegations and unsubstantiated allegations, and why is this difference important?
  • How should employers respond to allegations of bullying, harassment, or misconduct that they strongly suspect have been made in bad faith? To what extent are employers required to investigate such allegations and disclose the results thereof?
  • What steps should employees take if they feel they have been falsely accused of bullying, harassment, or misconduct by a co-worker or the employer? What is the role of the union in this situation?
  • In what circumstances do adjudicators have jurisdiction to award damages for bad faith allegations of misconduct? Are employers liable for malicious claims levelled by their employees?
  • If an investigation reveals bad faith allegations by an employee, what factors should employers consider in assessing discipline? When are employers entitled to dismiss employees for making bad faith allegations?
  • Aside from discipline, what other actions can employers and unions take in response to bad faith allegations? What obligations do employers and unions have to employees who have been the target of bad faith allegations?
  • In dealing with bad faith allegations of bullying or harassment, what precautions can employers and unions take to avoid creating a chilling effect on legitimate complaints? How can employers structure their harassment policies and procedures to minimize the probability of abuse?

Additional Information

Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.

Webinar video and MP3 files are available for $265. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.

The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

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