We often think of bullying as something restricted to the schoolyard. However, workplace bullying does occur. It is not restricted to a type of work or caused by employees of a certain age. There are cases where both young and senior employees can bully their colleagues and create a toxic workplace where it is hard to retain and keep employees.

The employer can be held liable for having a bully in their workforce. Both federal and provincial legislation prohibits harassment and violence in the workplace. Both pieces of legislation come with significant fines and possible jail time for employers who fail to comply with them. Further, having a toxic workplace environment is grounds for employees to claim constructive dismissal and make a wrongful dismissal claim for thousands of dollars.

When an employer becomes aware of possible workplace bullying, they should investigate the allegations through a neutral third party. If the allegations are founded and the allegations are serious, then the employer may have grounds to terminate a workplace bully. This was the case in The Regional Municipality of Niagara v Canadian Union of Public Employees, Local 1287, (2024 CanLII 6040).

The Regional Municipality of Niagara v Canadian Union of Public Employees, Local 1287

In this case, a 21-year employee of the Regional Municipality of Niagara was terminated after an investigation found a pattern of bullying behaviour. The investigation found that the employee made several threatening and disrespectful comments to colleagues, demonstrated inappropriate conduct, failed to be respectful and collaborative with his direct supervisor, engaged in behaviour that undermined the supervising and management team, was dishonest during the investigation process, and found that he cannot be trusted to act in good faith as an employee in the future. Though the employee admitted to some of the misconduct, he denied the more serious allegations of misconduct. The Union and the employee decided to grieve the employee’s termination.

The labour arbitrator upheld the termination and dismissed the grievance. The arbitrator found that the employee was a major contributor to the toxic atmosphere in the workplace. Though the employer should have taken more effective actions to address the situation sooner, the arbitrator ruled that the investigation allowed the employer to get a better understanding of the pattern of behaviour which justified the termination. The arbitrator noted the employer’s duty to prevent the workplace harassment, that the employee engaged in, is required under Ontario’s Occupational Health and Safety Act. The arbitrator also made it clear that the employee was not only verbally abusive to his colleagues, as his conduct could also be characterized as potentially violent in nature, which also violates the Occupational Health and Safety Act. Though the arbitrator considered the employee’s remorse after his termination, along with other mitigating factors, it was not enough to justify a reinstatement to his position.

Takeaways from the decision

Employers should take this decision as an important reminder to investigate allegations of workplace bullying. Federal employers should take particular note, as the Canada Labour Code is designed to give employees similar protections to what is offered in a unionized workplace. If a federal employer fails to address workplace bullying, they could face fines of up to $250,000 per day thanks to Bill C-65.

How Suzanne Desrosiers Professional Corporation can help

At Suzanne Desrosiers Professional Corporation, our employment lawyers are aware of the risks and consequences of workplace bullying. We offer training for both federal and provincial employers and employees that addresses workplace bullying and the consequences of not addressing it. The federal training is required, under Bill C-65, to be taken by all employees within three months of their employment and every three years after that. Our Bill C-65 training is offered both in person and online through self-paced training or live on Zoom or Microsoft Teams. To inquire about our training, please call us at 705-268-6492 or email us at learning@sdlawtimmins.com.

If you are concerned about bullying that may be happening at your workplace, Suzanne Desrosiers Professional Corporation has a team of trained and experienced workplace investigators. We can provide an impartial investigation which determines whether there is workplace bullying followed by the legal options that you can consider to help resolve the matter. To talk to one of our employment lawyers, please call us at 705-268-6492 or email us at info@sdlawtimmins.com.