Responding to Workplace Bullying and Harassment

Ontario employers have a legal duty to provide employees with a safe workplace, free from bullying and harassment. What does this mean? The Occupational Health and Safety Act (OHSA) - Ontario's legislation for workplace health and safety - defines workplace harassment as "engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome" and that includes workplace sexual harassment. It doesn't require multiple or largely egregious acts to meet the definition of harassment. In fact, one single act of unwanted conduct is all it takes to meet the definition of harassment.

Being prepared and responding accordingly to such crises keeps employers in favorable standing with provincial legislation. Whether you are a new employer or looking for a refresher on your legal responsibilities, below are guidelines that will help you take the appropriate steps to address harassment in the workplace.

Every Ontario-Based Employers Responsibilities

Firstly, every employer is legally obligated to provide their employees with training and accessible policies that instruct workers on internal workplace violence and harassment policies. Every workplace must have an anti-harassment policy and system in place to address and manage complaints. While delivering or outsourcing training is required, you must take it a step further by ensuring that the measures and guidelines are adhered to and followed.

What To Do When a Complaint Is Made

After learning there was an incident of harassment or bullying in your workplace, you must take immediate action. Here is a succinct list that will direct your next steps:

Allocate time to meet with all parties separately to gather all details and perspectives. Failing to collect details from all parties can lead to a partial view of the incident, potentially leading to the wrong disciplinary action.
Investigate the claims and gather as much proof as possible, be it from onlooking staff, internal cameras, etc. You want to be as conclusive with your determination to ensure that you handle it appropriately and in a way that won't leave you vulnerable to litigation.
Draft a written document that thoroughly details the results of your investigation. Said document must include the corrective action for the harasser, a reiteration of the OHSA workplace health and safety workplace harassment definition, and the reason for your decision as it applies to the law.
Deliver a copy of the investigation report to all parties involved and review the document with them individually. We recommend you include personnel from your Human Resources department and a member of your internal joint health and safety committee (JHSC) to take notes and that you answer any questions as needed. Workplace harassment and bullying are not taken lightly, and strict expectations must be explained to the parties involved, so they understand the seriousness of the situation.
Follow up with the review of your internal workplace anti-harassment policies to ensure your employees remain updated with your expectations of them and know how to respond to workplace bullying and harassment. Reiterating these policies also ingrains the severe nature of harassing a colleague, may reduce the rate of incidents when your staff understands that you have zero tolerance of workplace harassment and bullying, and that you will take action if and when it occurs.

Always Consider Employee Rights When Implementing a Solution

The Employment Standards Act (ESA) is the governing legislation that protects Ontario-governed employees from their employer’s wrongful acts . As a provincially legislated employer, you must follow the ESA. As such, you must ensure your solution to a harassment complaint does not go against the minimum standards unless the act calls for immediate dismissal. Otherwise, a miscalculated decision could open the possibility of litigation.

To safeguard yourself and your business entity, we encourage you to seek legal advice from an employment lawyer who can guide your decision to the harassment case at hand. Many large businesses contain an internal legal team, in which case you will include them in the investigation. If you do not have one, don’t hesitate to outsource legal guidance.

Promote an Open-Door Policy Within Your Workplace

The unfortunate truth is that many harassment and bullying cases go unreported. Not because the harassed willfully chooses to accept it, but rather, they feel worried their complaint will lead to more harassment, or worse, will cost them their job. As such, workplace harassment continues because employees are reluctant to report it.

You can combat this ongoing dilemma by creating an open-door policy. Reiterate to your staff that you are available to listen if they have work-related concerns. Furthermore, revisit your anti-harassment policy a few times annually, as an opportunity to express your intolerance of any form of employee mistreatment.

If you suspect harassment is happening, don’t hesitate to speak with your employees to address your suspicions, as this may be the only way for them to open up about their experiences. Reassure them that harassment is not tolerated, and their job will not be at risk by reporting the harasser. Offering a safe and open space to your staff is an excellent way to promote an open and honest work environment, free from every type of harassment.

The Bottom Line

While workplace harassment is a serious matter that must be addressed immediately, the way that you decide to address it is legally binding. As displayed above, it is best to have an easy-to-follow system in place to help you through the process. If followed meticulously, the investigation should be less convoluted and legally sound. However, if steps are missed or employee rights are not considered in your decision, you can suffer legal consequences.

If you are dealing with an ongoing harassment or bullying investigation in the workplace and would like legal advice to help you through the investigation, contact one of the experienced lawyers at Suzanne Desrosiers Professional Corporation. We can be reached during business hours at (705) 268-6492 and one of our licensed lawyers will gladly advise you through the investigation process.