Workplace Bullying Explained
Workplace bullying is a serious issue that affects not only the health and well-being of individuals but also the productivity and culture of organizations. In Ontario, there are legal remedies available for those who experience bullying at work.
This article outlines what constitutes workplace bullying, how it is treated under Ontario law, and what options are available to those affected.
What Is Workplace Bullying?
Workplace bullying refers to repeated, unwanted behaviours that intimidate, humiliate, or degrade a person. It may include:
- Verbal abuse, threats, or yelling
- Humiliation, especially in front of others
- Deliberate isolation or exclusion
- Undermining someone’s work or reputation
- Persistent criticism or excessive monitoring
These behaviours may come from a manager, colleague, or even a subordinate and can happen in person or remotely.
While a single conflict or isolated incident is generally not considered bullying under the law, a pattern of repeated behaviour that creates a hostile work environment can give rise to legal claims.
Ontario’s Legal Protections Against Bullying
In Ontario, workplace bullying is primarily addressed through the Occupational Health and Safety Act (OHSA) and Ontario’s Human Rights Code, depending on the nature of the conduct.
Occupational Health and Safety Act (OHSA)
The OHSA mandates that employers must have workplace harassment policies and investigate complaints promptly and fairly. Bullying is considered a form of workplace harassment. If a workplace fails to address reported bullying, it could violate this legislation.
Ontario Human Rights Code
When bullying is connected to a protected ground, such as race, gender, disability, sexual orientation, or family status, it may also constitute discriminatory harassment. This opens the door to claims at the Human Rights Tribunal of Ontario (HRTO).
Constructive Dismissal Claims
If bullying is severe and persistent, it may lead to a constructive dismissal claim. This is where the employee resigns because the employer’s failure to address the bullying has made continued employment intolerable. In such cases, the employee may be entitled to severance or other damages.
Case Law Spotlight: George v. 1735475 Ontario Limited (2017 HRTO 761)
In this Toronto decision, the Human Rights Tribunal of Ontario found a construction company liable for racial discrimination and harassment in the workplace. The employee, Mr. George, endured repeated racial slurs and threats on a job site. When he raised concerns, the employer failed to respond adequately or stop the behaviour.
The Tribunal awarded damages for injury to dignity, highlighting that employers must take immediate and meaningful steps to address bullying and harassment, especially when tied to protected grounds under the Human Rights Code.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“No one should feel unsafe or degraded at work. Workplace bullying not only harms individuals but also puts organizations at legal and reputational risk. Understanding your rights and acting on them is essential to protecting both your career and your well-being.”
Steps to Take if You’re Being Bullied at Work
If you’re facing bullying in the workplace in Ontario, here are the recommended steps:
- Document Everything: Keep detailed notes, including dates, times, witnesses, and the nature of the incidents.
- Report the Bullying: Follow your workplace’s internal complaint process.
- Seek Legal Advice: A lawyer can help assess whether the bullying may be grounds for a legal claim and help you understand your options.
In some cases, it may be appropriate to escalate the issue to the Ministry of Labour, the HRTO, or the courts, especially if internal policies fail to address the issue.
Workplace Bullying FAQs
Yes, under the OHSA, employers have a legal duty to address workplace harassment, which includes bullying. If bullying relates to a protected ground, it may also violate Ontario’s Human Rights Code.
Start by documenting the incidents and reporting the behaviour through your employer’s internal policy. If the issue continues or is ignored, consult with a lawyer to explore further options.
You are protected from reprisal for raising a bullying complaint. Retaliation could open the employer to additional liability under employment or human rights law.
You may be eligible for stress leave or accommodations under Ontario’s Human Rights Code. In severe cases, you may also have grounds for constructive dismissal.
Yes. Depending on the facts, you may be able to bring a claim under OHSA, the Human Rights Code, or through a constructive dismissal action.
In Conclusion
Workplace bullying is more than just unpleasant; it can be a legal issue with serious implications. Both employees and employers should understand the rights and obligations that apply. Ignoring bullying can lead to turnover, reputational damage, and potential legal claims.
Contact Achkar Law
If you’re experiencing workplace bullying or witnessing it in your organization, our experienced employment law team is here to help. We provide practical guidance on addressing difficult situations while protecting your rights and maintaining a safe work environment.
Take Action Before It Escalates
Schedule your confidential consultation today. Speak with us in a private, secure setting to explore your options and get the clarity you need to handle workplace bullying effectively.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©