Workplace Harassment in Ontario: Employee Rights

Definition of Workplace Harassment in Ontario

In Ontario, workplace harassment means any unwanted actions, comments, or signs that make someone feel uncomfortable, scared, or threatened at work. This definition is backed by legislation in both the Occupational Health and Safety Act and the Ontario Human Rights Code. Whether it’s coming from a supervisor, a coworker, or even a client, any negative behaviour that makes an employee feel unsafe or undervalued counts as harassment, and is illegal.

Watch the video below from the Employment Law Show and read on to learn more about workplace harassment and your rights as a non-unionized employee in Ontario.

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Workplace Harassment Laws in Ontario

Workplace harassment in Ontario is governed by two key pieces of legislation: the Occupational Health and Safety Act (OHSA) and the Ontario Human Rights Code (the Code). These laws work together to protect employees from harassment and discrimination in the workplace.

Occupational Health and Safety Act

Under the OHSA, it’s mandatory for employers to establish a health and safety policy and engage in workplace risk assessments alongside employees and contractors to pinpoint potential hazards.

Specifically for harassment, the law mandates that employers craft and enact a detailed harassment prevention policy that is accessible to all employees. This policy should outline clear steps on how to:

• Report instances of harassment.
• Investigate reports of harassment.
• Record reports and the investigation process.
• Communicate the outcomes of investigations.

Employers have a duty to thoroughly investigate and address any reported harassment, ensuring all employees are trained on the harassment prevention policy and its procedures. Moreover, they are responsible for supporting those affected by harassment and taking decisive action to cease any bullying behaviour.

Ontario Human Rights Code

While the OHSA sets the framework for a harassment-free workplace, the Code delves deeper into protecting employees from discrimination.

The Code protects individuals from discrimination and harassment in the workplace based on protected grounds, such as:

While the OHSA focuses on the broader scope of harassment, the Code specifically addresses harassment that violates an individual’s human rights, ensuring that all employees have the right to equal treatment and a work environment free from discrimination and harassment.

By adhering to the OHSA and the Code, Ontario employers are legally obligated to foster a workplace where dignity, respect, and safety are paramount for all employees.

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Examples of Workplace Harassment in Ontario

Workplace harassment comes in many shapes and can happen to anyone, no matter where they work or what they do. Here are the most common types:

• Verbal Harassment: Includes insults, jokes, or comments that demean a person based on personal characteristics (race, gender, religion, sexual orientation, or disability) or their work. It can happen in conversations, meetings, phone calls, texts and emails.
• Social Harassment: Also known as mobbing, involves excluding or isolating a person in the workplace.
• Physical Harassment: Physical harassment involves any unwelcome physical contact, from light taps to more serious acts like pushing or hitting. It also includes threatening gestures that make the workplace feel unsafe or hostile.
• Psychological Harassment: Actions or comments that affect an employee’s psychological well-being, including threats or intimidation.
• Sexual Harassment: A form of harassment that includes unwanted touching, suggestive remarks, inappropriate jokes, or showing explicit materials. Anyone can face sexual harassment, no matter their gender, and it can come from coworkers, bosses, or clients.
• Racial Harassment: Comments, jokes, or actions that demean someone based on race, ethnicity, or nationality.
• Online Harassment or Cyberbullying: With more people communicating online, cyberbullying in the workplace is on the rise. It can happen through threatening emails, negative comments on social media, online shaming, or spreading rumours online. Cyberbullying extends workplace harassment beyond office hours and spaces, impacting individuals’ private lives.

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What is NOT Considered Workplace Harassment?

In Ontario, not all difficult situations or interactions in the workplace are classified as harassment. Here’s what is generally NOT considered workplace harassment:

• Constructive Feedback or Performance Reviews: Honest, constructive feedback about work performance or work-related behaviour is not harassment. This includes performance evaluations or disciplinary actions taken for legitimate reasons.
• Reasonable Management Actions: Decisions made by managers or supervisors regarding job duties, workload, deadlines, and disciplinary actions, when carried out in a fair and respectful manner, do not constitute harassment.
• Normal Workplace Conflicts: Occasional disagreements or differences of opinion between colleagues or between employees and management are part of working life and are not seen as harassment, as long as they are addressed respectfully and professionally.
• Social Interactions: Friendly banter or social interactions that are mutual and welcome among employees are not harassment. The key is that these interactions are respectful and consensual.

Understanding what doesn’t count as workplace harassment can help clarify the boundaries between acceptable and unacceptable behaviour.

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Who Experiences Harassment in the Workplace?

Harassment in the workplace can affect everyone, such as:

• Workers
• Supervisors, managers, and bosses
• Customers

You don’t have to be the direct target to feel the impact. Witnessing harassment can create a hostile or intimidating environment for all.

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Effects of Workplace Harassment

Workplace harassment can lead to stress that impacts both the body and mind. Common effects are:

• Trouble sleeping
• Loss of appetite
• Digestive problems
• Headaches or migraines
• Depression
• Anxiety
• Alcohol or drug abuse
• Difficulty concentrating
• Drop in productivity

This stress can also strain family relationships, showing how bullying at work can ripple out and affect personal lives.

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How to Respond to Workplace Harassment in Ontario

Facing workplace harassment can be challenging, but knowing how to respond is crucial for your well-being and career. Here’s a straightforward guide for non-unionized employees in Ontario:

• Recognize Harassment: Understand that workplace harassment can take many forms, including offensive jokes, bullying, sexual harassment, or discrimination based on gender identity, race, and other protected grounds.
• Document Everything: Keep a detailed record of harassment incidents, noting dates, times, specifics, and witnesses. Include emails and texts as evidence.
• Review Workplace Policies: Familiarize yourself with your company’s harassment policy found in the employee handbook or internal website to understand the official procedure for addressing harassment.
• Report the Harassment: Consider talking to your supervisor, HR department, or another designated official at your workplace, as per your company’s policy. These discussions should be confidential, offering a safer space to voice your concerns.
• Take Care of Yourself: Seek support from mental health professionals or employee assistance programs to address the emotional impact of harassment.
• Contact the Ministry: Contact the Ministry of Labour, Immigration, Training and Skills Development if your employer fails to meet their obligations under the OHSA, such as not having a harassment policy or not conducting an appropriate investigation.
• Contact the Human Rights Tribunal: If harassment involves discrimination based on protected grounds, consider filing a claim with the Human Rights Tribunal of Ontario (HRTO). There is a one-year time limit for filing an application from the last incident of harassment.
• Consult an Employment Lawyer: If you experience persistent or severe harassment, consult with an employment lawyer at Samfiru Tumarkin LLP before filing any claims with the Ministry or the HRTO. Our experienced lawyers can provide personalized advice on the best course of action, and ensure you understand your rights and options.

Remember, no one should face workplace harassment alone. Taking these steps can help you navigate through a difficult time with confidence.

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How Can I Prove Workplace Harassment?

Proving harassment in the workplace can be challenging, but it’s not impossible. You can build your case by taking these steps:

• Keep a Detailed Record of All Incidents: This includes dates, times, and witnesses.
• Collect Relevant Documents: Any relevant emails, messages, or files that support your case.
• Note Your Actions: It’s helpful to note any steps you’ve taken to report the issue and the response from your employer.

This evidence will be crucial in building a strong case if you decide to file a complaint or take legal action.

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Employer Obligations for Ontario Workplace Harassment

In Ontario, employers have specific legal obligations to prevent and address workplace harassment. These duties are designed to ensure a safe and respectful work environment for all employees. Here are the key responsibilities employers must fulfill:

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Constructive Dismissal and Harassment at Work

Facing harassment at work isn’t just a personal challenge; it’s a legal issue that can significantly impact your career and well-being. In Ontario, if workplace harassment reaches a point where you feel forced to leave your job, it may constitute what’s known as “constructive dismissal.“ This concept is crucial for employees to understand, as it offers a pathway to seek recourse and compensation under employment law.

What is Constructive Dismissal?

Constructive dismissal in Ontario occurs when an employer makes a significant change to the terms of your employment without your consent or if your workplace becomes intolerable due to harassment or other negative behaviours. This doesn’t mean you’ve been formally fired. Instead, the actions or inactions of your employer push you to resign. It’s as if you’ve been dismissed or terminated without cause because staying becomes unbearable.

Workplace harassment that leads to constructive dismissal can include:

• Persistent bullying or intimidation.
• Ongoing and unresolved sexual harassment.
• Discrimination based on gender, race, disability, or other protected characteristics.
• A toxic work environment that your employer fails to address.

Your Rights and Next Steps

Before you resign due to these circumstances, it’s vital to know that you might have the right to seek compensation as though you were wrongfully dismissed. Here’s what you should consider:

• Documentation: Keep detailed records of the harassment incidents, including dates, times, and witnesses. This information will be crucial for your case.
• Company Policies: Review your employer’s harassment and complaint policies. Following the outlined steps can be important, even if you end up resigning due to unresolved issues.
• Legal Advice: Before making any decisions, consult with an employment lawyer at Samfiru Tumarkin LLP. We can guide you through the complexities of proving constructive dismissal and help you understand your rights, including full severance pay.

At Samfiru Tumarkin LLP, we specialize in employment law and have extensive experience assisting employees who’ve faced harassment and constructive dismissal. If you believe you’ve been forced out of your job due to intolerable workplace conditions, contact us. Our team can assess your situation, guide you on how to proceed, and represent you in seeking the compensation you deserve.

Remember, no one should have to endure a hostile work environment. Understanding your rights is the first step toward resolving the situation and moving forward.

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Can I Be Fired For Reporting Workplace Harassment in Ontario?

No. In Ontario, it is illegal for an employer to terminate an employee, with or without cause, for reporting workplace harassment. Such inappropriate responses by an employer, known as reprisals or retaliation, are prohibited. Employers are also forbidden from demoting, suspending, cutting pay, or making any adverse changes to an employee’s job conditions in response to employees exercising their workplace rights. These actions are considered violations of human rights.

If you have been fired for addressing harassment in the workplace, you may have grounds for a wrongful dismissal claim and should contact our Ontario employment law team immediately.

Do not accept any severance offer, termination papers, or exit agreement from your employer, even if they come with a deadline. These deadlines are pressure tactics used to push you into accepting inadequate compensation. Once you sign and return these documents, you forfeit your ability to negotiate a fair and proper severance package.

Calculating Severance

Calculating a severance package in Ontario involves multiple factors, including:

• Age
• Length of service
• Position at the company
• Commission
• Benefits
• Ability to find similar work

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should take legal action. In Ontario, your severance package can be as much as 24 months’ pay.

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Ontario Workplace Harassment Lawyers: How We Can Help

Samfiru Tumarkin LLP’s team of Ontario workplace harassment lawyers offers expert guidance on your rights and options if you’ve experienced harassment at work. We assist non-unionized employees in determining if they have been victims of harassment or discrimination, advising on how to respond, and assessing if they have been constructively dismissed. Consulting with a lawyer at our respected firm ensures your rights are protected and that you receive the justice you deserve.

Our solid track record and dedicated approach make us a top choice for workplace harassment cases in Ontario. Recognized as a highly regarded and extensively reviewed law firm, we deliver successful outcomes for employees facing these challenges. Partnering with us guarantees steadfast legal support, focused on securing your rightful severance and ensuring justice in the workplace.

Comprehensive Employment Law Services for Ontario Employees

In addition to severance package negotiations, we have experience securing solutions for the following employment matters:

If you are a non-unionized employee in Ontario (or Alberta and B.C.) who needs help with a human rights issue, contact us or call 1-855-821-5900 to get the advice you need, and the compensation you deserve.