Harassment, Bullying and Poisoned Work Environment

What Are My Rights?

Employees have the right to a workplace free from bullying, harassment, and unwanted comments and contact. Bullying and harassing behaviour can include unwelcome or hurtful remarks, especially those about race, religion, sex, age, or other discriminatory grounds; unwanted physical contact; intimidation and belittling; violence; and threats of violence.

Employers have a duty to prevent harassment and respond to incidents of harassment. This includes preparing and annually reviewing workplace policies, investigating workplace complaints, and appropriately addressing these types of workplace issues when they arise.

What Is a Poisoned Work Environment?

A poisoned work environment occurs when a workplace is hostile or unwelcome due to a pattern of harassing or bullying behaviour that creates an intolerable work environment. Poisoned work environments can be created through words, gestures, or actions intended to harm, torment or embarrass the employee. Although poisoned workplaces are usually created through persistent and repeated behaviour, standalone events that are particularly egregious may be enough to create a poisoned work environment.

Importantly, where an employee resigns from his or her workplace due to a poisoned workplace, he or she may have a claim for constructive dismissal (Click here for more information on constructive dismissal).

Why You Should Contact Us

If you are the victim of harassment, bullying or a poisoned work environment, we can help. Our lawyers have extensive experience in assisting employees navigate workplace investigations, filing claims under Ontario’s Occupational Health and Safety Act, the Ontario Human Rights Code, and/or in court, and in negotiating termination packages. Contact us for more information.