Workplace Harassment Lawyer Toronto

Under the Occupational Health and Safety Act, workplace harassment is defined 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. Workplace sexual harassment is also defined under the Act and includes conduct of a sexual nature that creates a hostile or offensive work environment.

Workplace harassment can also constitute a human rights violation under the Ontario Human Rights Code where it is connected to a protected ground such as gender, race, disability, sexual orientation, or age. A Toronto workplace harassment lawyer can assess whether your situation involves one or both frameworks and advise on the strongest legal avenue for your circumstances.

The most important first step is to speak with a Toronto workplace harassment lawyer before taking any significant action. Document the harassment as specifically as possible, including dates, times, what was said or done, and who witnessed it. Preserve any emails, messages, or other records related to the harassment.

Getting legal advice before you file an internal complaint, make any statements to HR, or take any other formal steps gives you the clearest picture of your rights and the best chance of a favourable outcome. What you do in the early stages of a harassment situation significantly affects your legal options.

Yes, in certain circumstances. Toronto employees who have suffered serious harm as a result of workplace harassment may have grounds for a civil action against their employer for damages including lost income, mental distress, and other losses. Where the harassment is connected to a protected ground under the Ontario Human Rights Code, a Human Rights Tribunal of Ontario application can also result in significant monetary awards.

The appropriate legal avenue depends on the specific facts of your situation. A Toronto workplace harassment lawyer can assess your circumstances and advise on whether a civil action, an HRTO application, or another avenue provides the strongest remedy for your specific situation.

Workplace sexual harassment in Toronto includes unwanted sexual comments, jokes, or advances, requests for sexual favours, unwanted physical contact of a sexual nature, and any other conduct of a sexual nature that creates a hostile, offensive, or intimidating work environment. Sexual harassment is prohibited under both the Occupational Health and Safety Act and the Ontario Human Rights Code.

Toronto employees who have experienced sexual harassment have the right to have their complaint properly investigated by their employer. If the employer fails to investigate properly or if the harassment constitutes discrimination on the basis of sex or gender, an HRTO application may be available. A Toronto sexual harassment lawyer can advise on all available options.

Yes. If workplace harassment in Toronto has made your working conditions so intolerable that a reasonable person in your position would feel compelled to resign, you may have a constructive dismissal claim. Courts treat a constructive dismissal as a termination without cause, meaning you may be entitled to severance even though you resigned.

Getting legal advice before you resign is critical. Once you resign without understanding your constructive dismissal rights, you may significantly weaken your legal position. Speak with a Toronto constructive dismissal lawyer before making any decisions about resigning due to harassment.

A toxic workplace is one where harassment, bullying, or discriminatory conduct is systemic, ongoing, or condoned by management to the point where it fundamentally changes the nature of the employment environment. Toronto employees working in a toxic workplace may have claims under the Occupational Health and Safety Act, the Ontario Human Rights Code, and at common law for constructive dismissal where the conditions make continued employment unreasonable.

Achkar Law's Toronto workplace lawyers assess the full picture of what an employee is experiencing and advise on every available legal avenue, from internal complaints to HRTO applications to constructive dismissal claims, to identify the approach that best serves the employee's interests.