What is workplace harassment in Hamilton, Ontario?

Workplace harassment is prohibited in Ontario under both human rights legislation and occupational health and safety legislation. Under both the Ontario Human Rights Code and Ontario’s Occupational Health and Safety Act (OHSA) there is a similar understanding of workplace harassment. Specifically, OHSA defines workplace harassment as ‘engaging in a course of vexatious comments or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome’. This conduct could be manifest in a variety of ways. The harassment could be in the form of verbal abuse such as persistent yelling, name-calling, and belittling of a worker. It could manifest itself in deliberate or malicious exclusion of a worker, or persistent physical intimidation. Typically, the negative conduct must be persistent and/or excessive.

How to recognize the signs of workplace harassment

It is important to remember that not all offensive or disrespectful conduct is considered harassment. Things such as a difference of opinions, reasonable and constructive feedback on work products, workplace reviews, and legitimate disciplinary actions.

However, things that both employees and employers should be on the lookout for are offensive comments or jokes, inappropriate staring or physical contact, sexually suggestive comments, physical intimidation, and making fun of a worker’s gender or sexual orientation — particularly if this conduct is a common or repeated pattern of behaviour targeting a specific employee.

The consequences of not taking action against workplace harassment

There are several consequences if an employer fails to take action on workplace harassment after it is brought to the employer’s attention. If workplace harassment goes unaddressed by the employer, it may amount to a constructive dismissal (i.e. an end to the employment relationship), and the employer may be liable to pay the employee a severance package.

Unaddressed workplace harassment may also give rise to complaints under the Human Rights Code. If you are being subjected to harassment in the workplace in relation to a protected ground under the Human Rights Code, for example, sex, race, age, disability, a human rights complaint can be brought against the employer which could result in damages being awarded to the affected employee.

In addition, an employer may be subject to a complaint to the Ontario Ministry of Labour. The Ontario Ministry of Labour enforces the Ontario Occupational Health and Safety Act (OHSA) and a complaint of harassment may trigger an investigation. A Ministry of Labour inspector could be sent to ensure that the employer complies with OHSA requirements. If a severe violation is discovered by the inspector, the Ministry of Labour has the power to prosecute the employer for health and safety violations.

How an employment lawyer can help your case

If you are experiencing harassment or bullying in the workplace, you should contact an employment lawyer as soon as possible. An employment lawyer will be able to advise you on the specific legal avenues available to you. If the situation warrants it, an employment lawyer can help you navigate a claim of constructive dismissal and/or help you seek remedies under the Ontario Human Rights Code and/or Ontario Occupational Health and Safety Act. Seeking legal advice from an employment lawyer will help ensure that your rights are protected and that you receive fair compensation for the harassment that you endured.

Free Consultation with Hamilton Employment Lawyers

For more information on workplace harassment and on your particular situation, please reach out to our team of experienced Hamilton employment lawyers for a free legal consultation. Randy Ai Law Office can be reached at (905) 482-4677 or fill out the contact form.