Since this decision, the number of harassment claims against employers has increased dramatically and the courts have been called upon to identify the blurred line between the sort of regrettable conduct that each of us is subjected to from time to time and
unacceptable conduct which PHA 1997 prohibits.
Not exact matches
«The Court decision provides a clear indication of the types of
conduct that are
unacceptable in commercial transactions, and gives guidance as to the standards to
which businesses should conform in their dealings with other businesses, and indeed, all consumers».
provisions regarding
conduct, dress and language deemed appropriate and acceptable on school property and at school functions, and
conduct, dress and language deemed
unacceptable and inappropriate on school property and at school functions and provisions regarding acceptable civil and respectful treatment of teachers, school administrators, other school personnel, students and visitors on school property and at school functions, including the appropriate range of disciplinary measures
which may be imposed for violation of such code, and the roles of teachers, administrators, other school personnel, the board of education and parents or persons in parental relation;
Unacceptable Material means any material
which is not substantially related to Acceptable School Activities, or material
which contains an offensive message, an offensive picture, obscene or harassing language or any material
which transgresses the norms of acceptable
conduct in the school environment.
He went on to lay down a benchmark holding that «where... the quality of the
conduct said to constitute harassment is being examined... Courts are well able to recognise the boundary between
conduct which is unattractive, even unreasonable, and
conduct which is oppressive and
unacceptable.
In addition, the doctrine of abuse of process is considered in the second prong of the test to guard against state
conduct that «society finds
unacceptable, and
which threatens the integrity of the justice system» (Hart at para 113).
Courts are well able to recognise the boundary between
conduct which is unattractive, even unreasonable, and
conduct which is oppressive and
unacceptable.
The Court of Appeal disagreed with that approach and stated that the primary focus when assessing any claim under PHA 1997 is to look at
which side of the oppressive -
unacceptable / unattractive - unreasonable - regrettable line the
conduct fell.
«Justice Camp's antipathy toward the law of sexual assault —
which was reformed decades ago to prevent precisely the kind of victim - blaming
conduct he displayed — is
unacceptable and undermines justice.
To cross the boundary from the regrettable to the
unacceptable the gravity of
conduct must be of an order
which would sustain criminal liability under section 2.»
Even humour
which is intended to serve a legitimate purpose may be considered inappropriate if it is directed at a subject matter or person in a manner
which is
unacceptable in light of norms governing judicial
conduct or oversteps some other social or cultural boundary.
Today's vote makes clear that policymakers understand that patent trolls impose an
unacceptable tax on innovation and that their
conduct,
which often amounts to little more than run - of - the mill extortion, must be stopped.