No duty to investigate where no discrimination: Tribunal

Fired employee complained – post-dismissal – that supervisor mistreated him because he was gay
By Leah Simon
|Canadian Employment Law Today|Last Updated: 08/20/2014

An Ontario employer did not have a duty to investigate a complaint of harassment when no actual harassment took place, the Ontario Human Rights Tribunal has found.

On Feb. 24, 2014, the tribunal issued its decision in Scaduto v. Insurance Search Bureau, an important decision for employers regarding the duty to investigate an allegation of workplace harassment and discrimination.

Andrew Scaduto was employed with Insurance Search Bureau of Canada (ISB) for less than four months when his employment was terminated for poor performance. There had been numerous attempts to provide Scaduto with additional training and multiple discussions with him about his performance prior to the decision to terminate.