Jonah Patel
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 OHSA defines workplace harassment as engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communications technology, that is known or ought reasonably to be known to be unwelcome. This includes any unwanted actions, comments, or signs that make someone feel uncomfortable, scared, or threatened at work. Workplace harassment can also include what is known as psychological harassment or personal harassment, which involves unwelcome words or actions that are known or should be known to be offensive, embarrassing, humiliating, or demeaning to a worker or group of workers. It is important for employers to recognize and address these unwanted behaviors early, as they could lead to workplace violence and significantly impact an employee's career and well-being.
| Characteristics | Values |
|---|---|
| Definition | Any unwanted actions, comments, or signs that make someone feel uncomfortable, scared, or threatened at work |
| Legislation | Occupational Health and Safety Act (OHSA), Ontario Human Rights Code, Criminal Code |
| Reporting | Reporting is the first step in the official process for dealing with harassment |
| Proof | Keep a detailed log of what happened, including the date, time, who was involved, and exactly what was said or done |
| Prevention | Employers must establish a health and safety policy, conduct workplace risk assessments, and craft and enact a detailed harassment prevention policy |
| Training | All employees must be trained on the harassment prevention policy and its procedures |
| Investigation | Employers must investigate and address any reported harassment |
| Discrimination | Treating an employee unfairly or unfavorably because of certain protected characteristics, such as age, race, gender, disability, religion, or sexual orientation |
| Retaliation | Taking punitive action against an employee for engaging in legally protected activities, such as reporting harassment |
| Bullying | Any inappropriate conduct, comment, display, action, or gesture that could have a harmful effect on a worker's psychological or physical health or safety |
| Cyberbullying | Harassment that occurs outside traditional workplace hours and environments, extending into the private lives of individuals |
| Constructive dismissal | When an employer makes significant changes to the terms of employment without consent, or if the workplace becomes intolerable due to harassment |
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What You'll Learn
Bullying and harassment
The OHSA defines workplace harassment as "engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communications technology, that is known or ought reasonably to be known to be unwelcome." This includes any unwanted actions, comments, or signs that make someone feel uncomfortable, scared, or threatened at work. It can involve offensive, embarrassing, humiliating, or demeaning words or actions, as well as behaviour that intimidates, isolates, or discriminates against a worker or group of workers. Harassment can occur in various forms, such as verbal slurs, physical intimidation, or cyberbullying, which can happen outside of traditional workplace hours and environments, extending into employees' private lives.
It's important to note that the legitimate exercise of management's authority or responsibility does not constitute harassment. However, if these actions are not exercised reasonably and fairly, they may cross the line into workplace harassment. For example, if a worker is not scheduled for shifts solely due to their sexual orientation, this would likely be considered workplace harassment. Additionally, while workplace conflict or work-related stress is not inherently harassment, it can increase the risk of harassment if not properly addressed.
To address bullying and harassment, employers in Ontario have specific legal obligations to create a safe and respectful work environment. They must establish a health and safety policy, conduct workplace risk assessments, and implement a comprehensive harassment prevention policy that includes clear steps for reporting, investigating, and resolving harassment issues. Employees who experience harassment should keep a detailed log of incidents, including dates, times, individuals involved, and any witnesses. They should also refer to their company's rules or guidelines on handling harassment and, if needed, seek advice from a lawyer or support from professionals like therapists or counselors.
Understanding the legal definitions of bullying and harassment is crucial for creating a positive and safe work environment in Ontario. By recognizing and addressing these issues early on, employers can foster a healthy workplace culture that values the well-being and rights of all employees.
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Sexual harassment
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 OHSA defines workplace harassment as:
> "engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communications technology, that is known or ought reasonably to be known to be unwelcome."
This definition includes sexual harassment, which is a type of discrimination based on sex. Sexual harassment can include unwelcome and/or repeated words or actions of a sexual nature that are known or ought to be known to be offensive, embarrassing, humiliating, or demeaning to a worker. It can also include behaviour that intimidates, isolates, or discriminates against a worker or group of workers.
Employers in Ontario have a legal duty to take steps to prevent and address sexual harassment in the workplace. They must ensure that all employees are trained on the company's harassment prevention policy and its procedures for reporting, investigating, and resolving such incidents. Failure to do so can result in decreased productivity, low morale, increased absenteeism, health care costs, and potential legal expenses.
If you are experiencing sexual harassment in the workplace, it is important to understand your rights and the resources available to you. You can refer to the Ontario Human Rights Commission for more information on your rights and options for recourse.
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Discrimination
In Ontario, employers have a legal obligation to prevent and address workplace discrimination. This includes creating a detailed prevention policy accessible to all employees and taking all reasonable precautions to ensure a safe and respectful work environment.
If you believe you are experiencing discrimination in the workplace, it is important to keep a detailed log of incidents, including dates, times, individuals involved, and any witnesses. Additionally, refer to your company's rules or guidelines on handling such situations, often found in employee handbooks or on the company intranet.
Consulting a lawyer who specializes in workplace discrimination in Ontario can also provide clarity on your rights and available legal options. They can guide you through the process and help you navigate the complexities of your situation.
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Retaliation
In Ontario, workplace harassment is governed by two key pieces of legislation: the Occupational Health and Safety Act (OHSA) and the Ontario Human Rights Code. The OHSA sets out the rights and duties of all parties in the workplace, including employers, supervisors, and workers, in relation to workplace violence and harassment. It mandates that employers establish a health and safety policy and conduct workplace risk assessments to identify potential hazards.
Specifically, regarding harassment, the OHSA requires employers to develop and implement a detailed harassment prevention policy accessible to all employees. This policy should outline clear steps on reporting, investigating, recording, and communicating the outcomes of harassment investigations. Under Section 50 of the OHSA, workers are protected from reprisals or retaliation for reporting workplace health and safety concerns. Employers are prohibited from intimidating, coercing, or imposing any penalties on employees who report or refuse to perform unsafe work.
The Ontario Human Rights Code also plays a role in addressing workplace harassment and ensuring compliance through the Ontario Human Rights Commission. Harassment under this code includes any unwanted actions, comments, or signs that make someone feel uncomfortable, scared, or threatened at work. This can be from a supervisor, coworker, or client, and it is illegal.
In summary, retaliation against employees who report workplace harassment or exercise their legal rights is prohibited in Ontario. Employers have a responsibility to address workplace harassment and ensure a safe and respectful work environment for all employees. Employees who experience retaliation for reporting harassment may seek legal recourse and compensation.
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Constructive dismissal
In Ontario, workplace harassment is defined as any "unwanted actions, comments, or signs that make someone feel uncomfortable, scared, or threatened at work." This can include workplace harassment from a supervisor, a coworker, or a client. It is important to note that any negative behaviour that makes an employee feel unsafe or undervalued counts as harassment and is illegal.
Harassment in the workplace is governed by two key pieces of legislation: the Occupational Health and Safety Act (OHSA) and the Ontario Human Rights Code. Under the OHSA, employers are mandated to establish a health and safety policy and conduct workplace risk assessments. They are also required to craft and implement a detailed harassment prevention policy that is accessible to all employees.
Now, constructive dismissal in Ontario occurs when an employer makes a unilateral and significant change to the terms of employment without the employee's consent, forcing them to resign. This can include changes to compensation, work location, schedule, or creating a toxic work environment. It is important to note that constructive dismissal is not about being fired outright but rather being left with no choice but to leave due to the employer's actions.
To prove constructive dismissal, employees must demonstrate that the employer's actions fundamentally breached their employment contract. This involves documenting changes, seeking legal advice, and avoiding immediate resignation. It is crucial to consult an employment lawyer to understand one's rights and the strength of their case. In Ontario, constructive dismissal cases can be complex, and seeking legal advice is essential to protect one's career and financial well-being.
A notable example of a constructive dismissal case in Ontario is Pan Pacific Hotel Workers vs. Ocean Pacific Hotels Ltd. In this case, the employer was found to have constructively dismissed employees by indefinitely ceasing to schedule their shifts during the COVID-19 pandemic. The court ruled in favour of the employees, affirming their constructive dismissal claims, even though there was no evidence of the employer acting in bad faith. This case highlights how significant changes to employment can constitute constructive dismissal, regardless of the employer's intentions.
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Frequently asked questions
Workplace harassment in Ontario 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 (OHSA) and the Ontario Human Rights Code.
Workplace harassment can include unwelcome words or actions that are known or should be known to be offensive, embarrassing, humiliating, or demeaning to a worker or group of workers. It can also include behaviour that intimidates, isolates, or discriminates against a worker or group of workers.
It is important to keep a detailed log of what happened, including the date, time, who was involved, and exactly what was said or done. If there were any witnesses or if the harassment was through texts or emails, make sure to note that as well. Additionally, look up your company's rules or guidelines regarding harassment, which can often be found in the employee handbook or on the company intranet. Reporting is crucial as it starts the official process for dealing with the harassment and creating a safer workplace for everyone.
