Workplace Harassment Lawyer in Ontario

Workplace harassment in Ontario is broader than most employees realize, and it is not limited to discrimination based on a protected ground. Under the Occupational Health and Safety Act, workplace harassment is a course of vexatious comment or conduct against a worker that is known or ought reasonably to be known to be unwelcome, which includes bullying, intimidation, hostile management, and systematic mistreatment that has nothing to do with race, gender, or disability. The hard part is knowing when harassment becomes something the law can actually do something about. Achkar Law's workplace harassment lawyers help Ontario employees understand their rights, document what happened, and take the right step, whether that is a complaint, a human rights application, or a claim, before they make a decision that limits their options.

What Counts as Workplace Harassment in Ontario?

Harassment can take many forms, and a workplace harassment lawyer can assess whether your experience meets the legal threshold and which avenue fits.

• Bullying and hostile conduct. Persistent belittling, intimidation, screaming, exclusion, or humiliation is harassment under the Occupational Health and Safety Act, whether or not it is tied to a protected ground.
• Sexual harassment. Unwanted advances, requests for sexual favours, and other conduct of a sexual nature. This is both harassment under the Occupational Health and Safety Act and discrimination under the Ontario Human Rights Code.
• Harassment by a manager or supervisor. Employers are generally responsible for the conduct of their management, and failing to address it can expose them to significant liability.
• Harassment from anyone in the workplace. It can come from a coworker, a subordinate, or a client or contractor. The person does not need authority over you for it to count.

Not every unpleasant interaction is legally harassment. To qualify, the conduct generally has to be more than trivial, repeated or serious, and unwelcome. Part of what a lawyer does is tell you honestly which side of that line your situation falls on.

Your Legal Options After Workplace Harassment in Ontario

The most valuable thing a workplace harassment lawyer does is identify which legal tool actually applies, because harassment at work can engage several frameworks at once, and they lead to very different outcomes.

Internal complaint and the employer's duty to investigate

The Occupational Health and Safety Act requires Ontario employers to have a workplace harassment policy and to investigate complaints. Filing an internal complaint triggers that duty, and how the employer responds often shapes every option that follows.

A complaint to the Ministry of Labour

If your employer failed to investigate, ignored your complaint, or handled it improperly, a complaint to the Ministry of Labour under the Occupational Health and Safety Act may be available. This route does not require the harassment to be tied to a protected ground. See filing a Ministry of Labour complaint.

A human rights application

Where the harassment is connected to a protected characteristic such as sex, race, disability, age, religion, sexual orientation, or family status, an application to the Human Rights Tribunal of Ontario may be available under the Ontario Human Rights Code. Remedies include compensation for lost wages and for injury to dignity, feelings, and self-respect. A one-year filing deadline generally applies. See our human rights lawyer page.

A constructive dismissal claim

If the harassment made your working conditions so intolerable that you felt forced to resign, you may have a constructive dismissal claim, entitling you to severance as if you had been terminated without cause. This is often the highest-value route, and the timing of your resignation is critical, so get advice before you quit.

A reprisal claim

If you reported harassment and then faced consequences such as a demotion, a change in duties, exclusion, or termination, that is reprisal, which is separately prohibited under both the Occupational Health and Safety Act and the Ontario Human Rights Code. A reprisal claim can add significant weight to your position.

How a Workplace Harassment Lawyer Helps

Assesses your situation and your options

We review what happened, how your employer responded, and every legal avenue available, and give you an honest picture of your options and the realistic outcomes of each before you decide anything.

Helps you document it properly

We advise on what to record, what to preserve, and how to communicate with your employer and HR in a way that protects your legal position. Early documentation is one of the biggest factors in the strength of any later complaint or claim.

Files the right complaint or application

We advise whether to pursue an internal complaint, a Ministry of Labour complaint, or a Human Rights Tribunal application, and prepare and file it properly, because a poorly prepared application can be dismissed early.

Pursues the claim where there is one

Where the harassment supports a constructive dismissal or wrongful dismissal claim, or a human rights claim, we negotiate with your employer and represent you through to a tribunal or the court if needed.

Workplace Harassment Ontario: Common Questions

What counts as workplace harassment in Ontario?

Under the Occupational Health and Safety Act, workplace harassment is a course of vexatious comment or conduct against a worker that is known or ought reasonably to be known to be unwelcome. It includes bullying, intimidation, and hostile treatment, and does not have to be tied to a protected ground. Where it is connected to a protected characteristic such as sex, race, or disability, it is also discrimination under the Ontario Human Rights Code. Not every unpleasant interaction qualifies; the conduct generally must be more than trivial, repeated or serious, and unwelcome.

Can I sue my employer for workplace harassment in Ontario?

Usually not for harassment on its own. In Ontario, harassment is generally addressed through the employer's internal process, a Ministry of Labour complaint under the Occupational Health and Safety Act, or, where it is tied to a protected ground, an application to the Human Rights Tribunal of Ontario. A civil court claim typically arises when the harassment supports a constructive or wrongful dismissal claim, or in serious cases involving recognized legal wrongs. A lawyer can tell you which of these actually applies to your situation.

Can I be fired for reporting workplace harassment?

No. Ontario law protects employees from reprisal for asserting their rights under the Occupational Health and Safety Act or the Ontario Human Rights Code. If you are fired, demoted, or otherwise punished after raising a harassment complaint, that reprisal can give rise to additional legal claims on its own, separate from the underlying harassment.

My employer ignored my harassment complaint. What can I do?

An employer that fails to investigate or address a credible harassment complaint may face liability under the Occupational Health and Safety Act, under the Ontario Human Rights Code where a protected ground is involved, and in civil court where the harassment supports a dismissal claim. A documented record showing you complained and nothing was done is some of the most valuable evidence you can have. If you reported harassment and nothing happened, that is usually the point to get legal advice.

Do I need a lawyer to file a workplace harassment complaint?

A lawyer is not required, but one can help you assess your case, gather the right evidence, choose the correct avenue, navigate the investigation, and represent you at a tribunal or in court. Because most harassment claims fail on how they were built rather than on whether the harassment happened, early advice often makes the difference.

Is there a time limit on a workplace harassment claim in Ontario?

It depends on the route. An application to the Human Rights Tribunal of Ontario must generally be filed within one year of the last incident. A civil claim tied to a constructive or wrongful dismissal is generally subject to a two-year limitation period from the date the claim arose. Because different deadlines apply to different avenues, and delay weakens evidence, it is best to get advice promptly.

Speak With a Workplace Harassment Lawyer in Ontario

If you are dealing with harassment at work in Ontario and are not sure what to do, tell us what is happening and we will respond promptly with a clear read on your rights and the options available. If harassment is pushing you toward resigning, or you have already been punished for complaining, get advice before you act. You can also reach us at 1-800-771-7882. We serve employees in Toronto, Ottawa, and across Ontario, with virtual consultations province-wide.

Phone calls, consultations, forms, and emails sent to us do not create a lawyer-client relationship and do not constitute legal advice.