Workplace bullying in Ontario is a serious issue that can affect any employee, regardless of their position or industry. Despite Ontario’s progress in creating respectful and inclusive workplaces, instances of bullying in the workplace still persist, impacting employees’ mental health and job performance.

Under Ontario law, employers are responsible for maintaining a safe and respectful working environment. This article explains what constitutes workplace bullying, the legal protections available to employees, and what to do if you face bullying in the workplace.

What is Workplace Bullying in Ontario?

Workplace bullying refers to behaviour that intimidates, offends, humiliates, or isolates an employee in the workplace. It typically involves repeated actions or comments that create a toxic work environment. However, even a single incident can constitute workplace bullying if it is severe enough to have a lasting impact on the employee.

According to the Occupational Health and Safety Act (OHSA), Ontario employers must provide a work environment free from harassment, which includes workplace bullying. Harassment under the OHSA includes any vexatious behaviour that is known or ought reasonably to be known as unwelcome. This includes:

• Intimidation
• Excluding or isolating someone socially
• Setting impossible deadlines meant to cause failure
• Withholding critical information or providing misinformation
• Making offensive jokes, whether in person or online
• Undermining someone’s work or persistently criticizing
• Belittling someone’s opinions

Employers are required by law to address complaints of workplace bullying and take appropriate action to prevent and resolve these behaviours.

Legal Protections Against Workplace Bullying

Ontario law provides strong protections for employees against workplace bullying. The Occupational Health and Safety Act requires employers to implement a workplace harassment policy that addresses bullying, and to investigate any complaints of harassment.

Additionally, the Ontario Human Rights Code protects employees from workplace harassment or discrimination based on factors such as race, gender, disability, or age. Employers who fail to address bullying may face legal consequences, including claims for constructive dismissal or human rights violations.

Examples of Bullying in the Workplace

Bullying in the workplace can take many forms. Here are a few examples that could be considered workplace bullying under Ontario law:

• A manager persistently criticizes an employee in front of their peers, belittling their work and lowering their self-esteem.
• Colleagues intentionally exclude someone from team meetings or social gatherings, causing them to feel isolated.
• An employer withholds essential information from an employee, leading them to make mistakes and suffer performance issues.
• A supervisor or co-worker makes offensive jokes or remarks about an employee’s gender, appearance, or race, either in person or via email.

What is Not Considered Workplace Bullying?

Not every difficult situation at work amounts to workplace bullying. There are some instances where actions taken by an employer or colleagues are considered reasonable and necessary for the functioning of the business. For example:

• Constructive feedback about an employee’s performance or behaviour.
• Disciplinary actions based on legitimate concerns about an employee’s conduct or work performance.
• Expressing differences of opinion in a professional and respectful manner.
• Implementing safety measures that may affect the employee’s work routine.

While these actions may cause some stress, they are typically not considered bullying unless they are conducted in an abusive or humiliating manner.

What to Do If You Experience Bullying in the Workplace

If you believe you are being bullied at work, it’s essential to take action to protect your rights. Here are some steps you can take:

1. Document the Bullying: Keep a detailed record of the incidents, including dates, times, and the nature of the bullying behaviour.
2. Report the Behaviour: Notify your employer, manager, or HR department in writing, providing specific examples of the bullying. Your employer is required to investigate the complaint under the OHSA.
3. Seek Legal Advice: If the bullying continues, or if your employer fails to address the issue, you may need to consult an employment discrimination lawyer to understand your options.
4. Consider a Constructive Dismissal Claim: If the bullying creates a toxic work environment and your employer fails to act, you may be able to claim constructive dismissal, which allows you to resign and still pursue compensation.

Can an Employee Claim Constructive Dismissal Due to Bullying?

In cases where the bullying in the workplace becomes intolerable, employees may have grounds to claim constructive dismissal. Constructive dismissal occurs when an employee resigns due to the employer’s actions creating a hostile work environment. For example, if you face persistent workplace bullying and your employer fails to intervene, you may have a case for constructive dismissal.

If an employee successfully claims constructive dismissal due to bullying, they may be entitled to damages, severance pay, and potentially employment insurance (EI) benefits. However, employees must first demonstrate that they took reasonable steps to address the bullying, including reporting it to their employer.

Employer Responsibilities in Preventing Workplace Bullying

Employers have a legal obligation to prevent workplace bullying and protect their employees from harassment. This includes:

• Implementing a Workplace Harassment Policy: Employers must develop and enforce a clear workplace harassment policy that outlines unacceptable behaviours and the procedure for reporting bullying.
• Investigating Complaints: Employers must take all complaints of bullying seriously and conduct a thorough investigation into the reported incidents.
• Taking Action: Employers must take appropriate action to address bullying, which may include disciplinary measures or policy changes to prevent further harassment.

Failing to address bullying in the workplace can lead to significant legal consequences for employers, including claims of human rights violations and constructive dismissal.

Conclusion: Addressing Workplace Bullying in Ontario

Workplace bullying in Ontario is a serious issue that can have a lasting impact on employees’ well-being and job satisfaction. Understanding your rights under Ontario law is the first step in protecting yourself from bullying in the workplace. Whether you are an employee experiencing bullying or an employer seeking to prevent it, it’s essential to take the issue seriously and act swiftly to resolve it.

If you are facing workplace bullying, or if you need guidance on implementing a workplace harassment policy, consult an experienced employment lawyer to ensure your rights are protected.

Contact Achkar Law

Stand up against workplace bullying with Achkar Law by your side. Our team is dedicated to putting an end to the torment you may be facing. If you’re experiencing bullying at work, you don’t have to endure it alone. Reach out to Achkar Law for experienced guidance and support. We believe everyone deserves a respectful and nurturing work environment, free from harassment. Take the first step towards a positive change – contact us today. Let us help you assert your rights and create a workplace culture that values dignity and fairness. Don’t tolerate bullying; let Achkar Law empower you to reclaim control over your professional life.

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