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Inside Internal Controls

News and discussion on implementing risk management

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Sexual harassment

Concerned about risk? #MeToo: A discussion on civil liability, sports and the #MeToo movement

The ever-changing landscapes of political, social and technological advances mean that risk factors for organizations are constantly evolving.

 

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Vicarious liability for the intentional torts of workers

It is not always clear when an organization will be liable for the intentional wrongs committed by its representatives. Recent case decisions underscore the difficulty in determining in what circumstances an organization will be held vicariously liable for the intentional wrongs of its workers as well as the challenges in trying to gauge whether a court will find that there was sufficient connection between such intentional wrong and the worker’s duties.

 

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The “Weinstein Clause” may mark a new era of social due diligence

To gauge the civility of an organization’s culture, adequate policies and training are not enough. The behavior and accountability of top leadership play a key role. You can’t delegate ethics. And it seems the “Weinstein Clause” indicates that boards are finally beginning to understand that.

 

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Confronting cultures of harassment: Class actions on the rise in the wake of #MeToo?

From Just For Laughs, to WestJet, to the RCMP, these burgeoning cases underscore that, in the #MeToo world, employers, corporations and executives are facing increased risk where permissive cultures and weak governance structures may have enabled instances of harassment.

 

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Cultural shifts on sexual harassment redefine “the line” for acceptable behavior

The recent media attention on sexual harassment in the workplace, arising from #MeToo and the publicity surrounding allegations of wrongdoing by powerful celebrities and executives, has resulted in a quantum boost for awareness of the issues.

 

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Gala event gone bad – President’s Club Charitable Trust

We report on this gala event not to comment on the legalities from the English law perspective, but to offer some preliminary comments on how Canadian law might apply if the President’s Club Charitable Trust’s fundraising event had happened in Canada. Canadian law requires employers to take steps to provide a workplace free from sexual harassment, with significant fines possible.

 

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Directors need to step outside the boardroom on the issue of sexual harassment

Empathy is not a term often used in regard to boards of directors, but it needs to be. It cannot continue to be a trait that corporate leaders shed as they climb the ranks. Leaders need to think outside the boardroom and own their role in eliminating sexual harassment in the workplace.

 

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You can’t delegate ethics on the issue of sexual harassment

There is no denying the alarming scope and prevalence of workplace sexual harassment. For the past several months, it seems not a day goes by without news of another troubling example of egregious workplace behavior. Victims of sexual harassment have moved beyond simply speaking up; they are now standing up, speaking out and making sure their voices are heard.

 

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High-profile sexual harassment claims show a toxic culture can be a product defect

The rapid demise of the Weinstein Co., once one of the most successful movie studios in Hollywood, should have every CEO wondering: What skeletons does my organization have in the closet? And how could they destroy the value of my company’s brands, or the company itself?

 

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Sexual harassment: Managing the risk

On the heels of Jian Ghomeshi’s firing from the CBC and the suspension of two Liberal MPs from caucus, Canadians are talking about sexual harassment. Although not a topic that is typically associated with the philanthropic sector, charities and non-profits are not immune from dealing with these types of issues…

 

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