Are you experiencing workplace harassment and bullying? Harassment cases are serious. As experienced employment lawyers and workplace harassment lawyers in Toronto, Samfiru Tumarkin LLP is here to protect your rights. You deserve a safe, non-hostile work environment—whether you work in a traditional office or remotely from home.
Workplace harassment in Ontario includes bullying, intimidation, sexual harassment, and online abuse. Under the Occupational Health and Safety Act (OHSA) and the Ontario Human Rights Code, your employer is legally required to investigate your complaint and protect you from reprisals. If they fail to do so, you may have grounds for human rights damages and constructive dismissal.
On This Page:
- 1. What is Workplace Harassment?
- 2. Toronto Workplace Sexual Harassment Lawyers
- 3. Refusing Unsafe Work
- 4. Constructive Dismissal & Human Rights
- 5. Don’t Quit & Legal Advice
What Constitutes Workplace Harassment and Bullying?
Under Ontario’s Occupational Health and Safety Act (OHSA), workplace harassment in Ontario is defined as engaging in a course of vexatious comment or conduct against a worker in a workplace that is known, or ought reasonably to be known, to be unwelcome.
Unwanted behaviours can come from anyone you interact with at work, including your boss, a co-worker, or even a client. Harassment includes:
- Bullying, intimidation, and verbal abuse
- Racist, sexist, or culturally offensive remarks
- Unwanted jokes that cause ridicule or embarrassment
- Consistently isolating or undermining an employee
- Virtual Harassment: Following the 2025/2026 Working for Workers Act updates, Ontario law now explicitly recognizes that harassment occurring virtually — through emails, Slack messages, inappropriate emojis, or video calls — is legally classified as workplace harassment.
Toronto Workplace Sexual Harassment Lawyers
Sexual harassment is a severe subset of workplace misconduct that is strictly prohibited under both the OHSA and the Ontario Human Rights Code. It includes:
- Unwelcome sexual remarks, advances, or solicitations
- Requests for sexual favours by a manager or someone in a position to grant or deny a promotion (quid pro quo harassment)
- Inappropriate touching or the display of offensive pictures
If you are facing sexual harassment, you do not have to endure it. Our workplace sexual harassment lawyers in Toronto can help you safely navigate the reporting process, legally force your employer to conduct an independent investigation, and aggressively pursue financial damages if your rights are violated.
Your Right to Refuse Unsafe Work
Under Ontario law, a poisoned, hostile work environment is an unsafe work environment. Harassment causes severe mental and physical health problems.
If the harassment or bullying escalates to the point where it poses a risk of physical harm or severe psychological distress, you have the legal right to refuse to work. You are not required to “work now and complain later.” You can step away from the unsafe situation and leave the area without being financially punished or fired by your employer.
Constructive Dismissal & Human Rights Damages
What happens if you report the bullying to HR, and your employer does nothing — or worse, they punish you for speaking up?
If a workplace harassment issue makes your work environment so toxic that it becomes impossible for you to stay, it may result in a constructive dismissal. This means that although you were not officially fired, your employer’s failure to protect you legally forced you out.
In these situations, our employment lawyers can help you pursue:
- Ontario Severance Pay: Up to 24 months of compensation for the loss of your job.
- Human Rights Damages: Additional financial compensation for the emotional distress and discrimination you endured.
- Punitive Damages: Extra penalties levied against an employer for acting in bad faith.
Don’t Quit Without Speaking to a Lawyer
If your work environment has become unbearable, your first instinct might be to resign. Do not quit your job before speaking with an employment lawyer.
While quitting is sometimes the only solution for your mental health, doing it the wrong way can severely limit your ability to claim severance or human rights damages. You need an experienced advocate from Samfiru Tumarkin LLP in your corner to ensure you exit the company on your terms, with your legal rights and financial future fully protected.