It’s important to document everything.
Was the harassment being done over the e-mail system? If so, it’s important to keep track of those documents as well as any other kind of documentary evidence. There have been situations where an employee alleges sexual harassment as the reason for being terminated, and the employer representative says absolutely not, that there was no such relationship. But the situation changes when the person making the allegation produces an e-mail which is clearly supportive of his or her position. Documentary evidence is really important because it’s hard copy and it affects credibility.
Even if the harassment is verbal, or if it’s physical but there are no witnesses, keeping written notes will be useful. It’s still an issue of credibility, but anything you can do to support your case and establish your position will be helpful.
The opposition will be looking for the things in your character that might affect your credibility, but it depends on the established relevancy of this information. Although the opposition can’t call up previous criminal cases, it would be relevant to ask the accused whether he or she has been found guilty of sexual harassment before. It would also be relevant to ask whether the accuser has brought accusations before and whether these accusations were found to have substance or not. The test before the judge would be whether such information from the person’s past is not only relevant but also reliable.
From the accused person’s point of view, it’s unfortunate, but the simple fact of being accused of a crime tends to make people question you. Your character is very important in terms of protecting against these kinds of complaints, but there is no special remedy for it. It’s important that the case has some physical, objective proof, so keeping documentary evidence of your position in a harassment situation is always a good idea.
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If you, or someone you care about, is dealing with employment law issues in the Ottawa, Ontario Region, contact Law Office of Melynda Layton.
This article is taken from an interview with Melynda Layton, Employment Lawyer at Law Office of Melynda Layton, an Ottawa, Ontario Employment Law Firm. Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.
