How to Get a Job After Being Fired for Harassment
Being dismissed for workplace harassment is a serious professional setback. It affects your employment record, your references, and how you present yourself to future employers. If you are in this…
Most employees spend a large portion of each day in the workplace. Given the number of hours that individuals spend at work, it is important to feel safe and comfortable there. Unfortunately, many employees find themselves subject to bullying, harassment, and in some extreme cases, violence in the workplace. This is never okay.
If you are an employee who has been subject to bullying, harassment, and/or violence at work, including sexual harassment or violence, it is important to take action right away in order to protect your safety and your legal rights. At Sultan Lawyers, our experienced workplace harassment lawyer in Toronto have many years of experience helping employees with their most stressful workplace issues.
There is a spectrum of unwanted behaviour that may occur in a workplace, ranging from offensive remarks to outright violence.
Workplace harassment occurs where someone engages in “a course of vexatious comment or conduct against a worker in a workplace which is known or ought reasonably to be known to be unwelcome”. In other words, workplace harassment is any comment, action, or behaviour that can make someone feel uncomfortable at work. Workplace harassment can include:
Workplace harassment is never acceptable, and employees who are subject to such behaviour have several legal options available to them.
Workplace violence is the “exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker”. Workplace violence can also be an attempt to exercise physical force against someone in a workplace, or a statement or behaviour that a person could reasonably interpret as a threat to exercise physical force against them in the workplace.
Workplace violence can include:
Workplace violence can include actions and behaviours that fall under the Criminal Code (which deals with matters such as sexual assault, threats, stalking, and other violent acts). Like workplace harassment, workplace violence is never acceptable, and employees who have been victims of workplace violence should consult with an workplace harassment lawyer in Toronto to learn about what options are available to them in terms of legal recourse.
Employees should be aware that their employer has a positive obligation, under Bill 168 and the Ontario Occupational Health and Safety Act to address workplace harassment and violence. The employer must address any potential harassment and violence from anyone who employees may deal with in the workplace including colleagues, managers, supervisors, but also clients, patients, customers, volunteers, and others.
Employers must:
At Sultan Lawyers, team of workplace harassment lawyer in Toronto helps clients who have been affected by workplace violence or harassment ensure that their employers are taking the steps needed to address the issue. We will advocate for your rights, help ensure that you are safe, and will represent you in court or at tribunal proceedings where necessary.
At Sultan Lawyers we understand that being bullied, harassed, or subject to violence at work can be extremely stress-inducing and challenging to deal with. If you find yourself in such a negative situation, our knowledgeable employment lawyers Toronto can help you protect your rights. Contact us online or at 416-214-5111 for a consultation.
The Occupational Health and Safety Act meticulously outlines the definition of workplace harassment, identifying it 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 encompasses a wide range of unwelcome behaviours, including sexual harassment, psychological harassment, and physical harassment, thereby ensuring a safe and respectful work environment for all employees.
Workplace harassment extends to any form of harassment prohibited under Ontario’s Human Rights Code, thus underscoring the broad scope of protection it offers. Examples of such harassment include, but are not limited to:
In Ontario, the Human Rights Code (the “Code”) prohibits the creation of a hostile/poisoned work environment. The Code defines this as an environment that has become intolerable in a way that the discriminatory conduct or attitude spreads throughout the workplace entirely. In the context of human rights, a poisoned work environment can be found in two circumstances:
To give this some further meaning, to determine whether a poisoned work environment exists, relevant factors include the number of comments or incidents; the nature of the comments; the seriousness of the comments and whether, if taken together, the comments or incidents create an environment where an individual endures discriminatory behaviour.
As mentioned above, it is important to note that a poisoned work environment can be found even if there is a single or “stand-alone” incident, if the incident is particularly egregious, as was decided by the Court of Appeal for Ontario in General Motors of Canada Limited v. Johnson, 2013 ONCA 502.
Workplace harassment occurs when someone says something or behaves in a way towards another that is known or ought to be known to be unwelcome. Workplace harassment may include offensive comments or jokes, bullying, aggressive behaviour, inappropriate staring, sexual harassment, isolating or, for example, making fun of a worker because of their gender identity.
If you feel you are being harassed at work, then you should consider telling your supervisor, manager or the person elected by your employer to deal with such issues. If you feel uncomfortable telling this person, you should consider informing the next available person on the seniority ladder. If you work in a unionized environment, consider contacting your union representative.
In Ontario, the Occupational Health and Safety Act sets out the rights and duties for the health and safety of all parties in the workplace. It is important for employers to address any unwanted behaviours early to minimize the potential for workplace harassment to turn into workplace violence. The Occupational Health and Safety Act sets minimum standards and requirements that employers must abide by when dealing with violence and harassment in the workplace. Employers are obligated to:
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