Employment lawyer, CTV News, on City of Ottawa workplace harassment report

Interview Summary

A report conducted by Auditor General Nathalie Gougeon into the City of Ottawa’s workplace harassment policies illuminated that despite having regulations in place, efforts to prevent workplace harassment were scarce.

What can and should employer’s obligations be regarding harassment and discrimination in the workplace? How can employees ensure their rights are protected despite difficult circumstances?

Alex Lucifero, an Ontario employment lawyer and Managing Partner at Samfiru Tumarkin LLP joined CTV News Ottawa with Matt Skube to answer these questions and more on employee rights.

Interview Notes

• Employer obligations regarding harassment: Under the Occupational Health and Safety Act, employers must investigate all complaints of workplace harassment. The size of the company does not factor into an employer’s obligations. In the event that complaints are found to verify bullying and abuse in the workplace, the situation must be resolved.
• Employee steps to protect their rights: Employees must raise their concerns within their company initially. Complaints can be addressed to a human resources (HR) department or the appropriate party. All employees are entitled to a safe and harassment-free work environment.
• Legal consequences of failing to act: Employees who feel their complaints are not being appropriately addressed or resolved can treat their employment as terminated. The terms of the employment contract have been breached if an employer fails to investigate complaints and resolve the situation. This would be considered a constructive dismissal.