Case in Point: A Workplace Harassment Complaint That Almost Got Out of Control
Gretel Uretezuela2025-04-04T11:49:34-04:00When an employer receives a harassment complaint, how they respond matters. This case study shows how one Ontario business learned—almost too late—that failing to act properly can lead to legal consequences and serious risk.
The Company and the Challenge
- Business Name: Havenridge Retail Co.
- Industry: Retail & Customer Service
- Location: Ontario
- Legal Challenge: An employer failed to properly address a workplace harassment complaint, leading to legal risks and potential liability
The Situation at a Glance
Havenridge Retail Co., a small Ontario-based retail business, prided itself on fostering a friendly work environment. The owner, Jason, believed he had good relationships with his team and that the workplace ran smoothly.
One day, Jason received a formal complaint from Jasneet, an employee, alleging that a coworker had been making inappropriate comments toward her for months. Jason was surprised—he hadn’t noticed any signs of tension and initially assumed the issue was a misunderstanding.
Without conducting a formal investigation, Jason spoke briefly with the accused employee, who denied the allegations. With no witnesses or evidence, Jason dismissed the complaint and advised Jasneet to “let it go and try to move on.”
Two weeks later, Jason was notified that Jasneet had filed a formal complaint with the Human Rights Tribunal of Ontario. She alleged that the company failed to take her concerns seriously and did not comply with workplace harassment laws. That’s when Jason reached out to Achkar Law for help.
Where Things Went Wrong
After reviewing the situation, we identified several issues that significantly increased the company’s legal exposure:
❌ No Formal Investigation
The employer relied solely on the accused employee’s denial without conducting a proper investigation, in violation of the Occupational Health and Safety Act (OHSA).
❌ Outdated and Unused Policy
Although the company had a harassment policy, it was outdated and had not been followed during the complaint process.
❌ Dismissive Response to the Complaint
Jason’s approach made Jasneet feel dismissed and unsupported, which ultimately escalated the situation.
What Jason thought was a way to avoid unnecessary conflict had instead opened the door to serious legal and reputational risk.
How Achkar Law Helped
We acted quickly to address the complaint and implement safeguards to prevent future issues:
✅ Neutral Third-Party Investigation
Jason hired Achkar Law as an independent investigator to ensure the process was impartial, thorough, and compliant with OHSA.
✅ Responding to the Tribunal Complaint
We guided Jason through drafting a professional and structured response, showing that the company was now handling the issue appropriately.
✅ Resolving the Dispute
Due to earlier missteps, a negotiated settlement was the most efficient way forward. We helped reach a fair resolution that satisfied both parties and minimized further risk.
✅ Preventing Future Incidents
To protect the business going forward, we:
- Updated the company’s harassment policy to comply with OHSA.
- Trained managers and staff on how to handle complaints appropriately.
- Established a clear process for investigating future complaints.
Lessons for Employers
All Harassment Complaints Must Be Taken Seriously – Employers are legally required to investigate workplace harassment complaints, regardless of the perceived credibility.
Independent Investigations Reduce Risk – A neutral third-party investigator ensures fairness, transparency, and legal compliance.
Ignoring Complaints Can Escalate Quickly – Dismissing an employee’s concerns may lead to legal claims, harm to workplace morale, and costly reputational damage.
Jason thought the issue would resolve itself, but it nearly became a costly liability. After working with Achkar Law, his business now handles harassment complaints properly, protecting both employees and the organization.
Facing a Workplace Complaint?
If you’ve received a harassment complaint, the right legal response matters. Hiring a neutral, third-party investigator can help protect your organization and demonstrate that you’re committed to a respectful, compliant workplace.
This case study represents a real-world legal issue based on actual matters handled by Achkar Law. Names and certain details have been changed to protect privacy while maintaining the accuracy of the legal principles involved
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