Workplace Harassment

Workplace harassment is prohibited by law and if not handled properly by the employer may result in a Constructive dismissal claim by the employee. Specifically, an employee will maintain that he or she cannot reasonably be expected to remain employed and is entitled to proper termination pay. Other damages can also flow from a successful workplace harassment complaint. In the case of workplace harassment, it is important to ensure that you have communicated the fact of the workplace harassment to the person who is harassing you (if reasonably possible) and to your human resources department or upper management. Once the employer is aware of the problem, the employer is required to investigate and take appropriate remedial action. If the employer does not intervene appropriately, then it may be liable for the harassment.

If the workplace harassment is not properly addressed and falls under one of the enumerated classes under the Human Rights Code (race, religion, sex, etc.), then you may need to commence a claim before the Ontario Human Rights Tribunal. If you have are considering making a claim for workplace harassment or quitting your employment, you should not do so without first obtaining independent legal advice.  Only a qualified and experienced employment lawyer can properly advise you in this area of law to help determine whether or not there may be grounds for a constructive dismissal or a Human Right’s complaint as a result of workplace harassment.

Most of our clients are able to resolve matters without resorting to the courts.  With each party represented by counsel (normally) and with proper analysis of the common law and statutory factors governing notice and severance pay, we will represent your interests to ensure a fair and equitable Severance Package arising as a result of workplace harassment..

The law surrounding your rights and obligations in the employment context is found in many different statutes including the Employment Standards Act, the Canada Labour Code, the Ontario Human Rights Code, the Canadian Human Rights Code, the Occupational Health and Safety Act, among others. In addition, there is a history of jurisprudence (case law) that has developed over time by judges deciding cases that collectively makes up the Common Law. Depending upon your fact situation, both statutory and common law principles may apply and need to be carefully considered when assessing a proposed claim of workplace harassment.

Often, we are able to negotiate for a better severance package through negotiation/mediation when an employee is faced with workplace harassment. Occasionally, negotiation is unsuccessful, and the matter must then proceed to through the courts. Either way, negotiation or litigation, we have the skills and experience to effectively represent your interests and secure an appropriate result.

Contact SBMB lawyers today if you require the services of a lawyer to help you with your workplace harassment issues. Call 905-884-9242 today!