Workplace bullying is a pervasive issue that undermines employee well-being and productivity. In Ontario, while there is no standalone "anti-bullying" law, protections against such behavior are embedded in broader legislation, including the Occupational Health and Safety Act (OHSA) and the Human Rights Code. This blog explores your legal rights as an employee and the steps employers must take to address bullying, ensuring a safer and more respectful work environment.

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1. What Constitutes Workplace Bullying in Ontario?

Under the OHSA, workplace harassment is defined as a "course of vexatious comment or conduct" that is known or reasonably known to be unwelcome. While bullying is not explicitly defined, it falls under this umbrella and includes behaviors such as:

• Repeated intimidation, humiliation, or exclusion.
• Deliberate sabotage of work (e.g., withholding critical information).
• Offensive jokes, verbal abuse, or demeaning remarks.

A single severe incident, such as an unwelcome sexual advance from a supervisor, may also qualify as harassment. However, reasonable management actions (e.g., constructive feedback or disciplinary measures) are excluded unless executed abusively.

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2. Employer Obligations Under Ontario Law

Employers in Ontario have a legal duty to prevent and address workplace bullying. Key requirements include:

• Policy and Program Development: Employers must create a written workplace harassment policy and program, reviewed annually. This program must outline procedures for reporting incidents, confidentiality, and investigations.
• Training and Education: Workers and supervisors must receive training on recognizing and addressing bullying.
• Thorough Investigations: Employers must investigate complaints promptly and impartially. Both the victim and alleged harasser must be informed of the outcome in writing.
• Risk Assessments: Employers must assess risks of workplace violence (including bullying) and implement controls to mitigate them 28.

Failure to comply can result in fines up to $1.5 million for corporations under the OHSA.

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3. Employee Rights and Legal Recourse

If you’re experiencing bullying, you have several legal avenues:

a. Internal Reporting

• Document Everything: Record dates, details, and witnesses of incidents.
• Report to Employer: Notify your supervisor, HR, or a designated contact. Employers are legally obligated to investigate.

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b. Escalating Complaints

• Ministry of Labour (MOL): If your employer fails to act, file a complaint with the MOL. Inspectors can enforce OHSA compliance but cannot award individual compensation.
• Human Rights Tribunal of Ontario (HRTO): If bullying is linked to a protected ground (e.g., race, gender, disability), file a discrimination claim within one year of the incident.

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c. Constructive Dismissal Claims

If the bullying creates an intolerable work environment, you may resign and claim constructive dismissal. Success requires proving the employer’s failure to address the issue that fundamentally breached your employment contract. Damages may include severance pay, lost wages, and compensation for mental distress.

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4. Examples

• Sexual Harassment: A manager making unwelcome advances could lead to HRTO claims for gender-based discrimination.
• Discriminatory Exclusion: Deliberately excluding an employee due to race or disability may violate the Human Rights Code.
• Retaliation: Employers cannot penalize employees for reporting bullying (e.g., demotion or termination).

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5. Preventative Measures for Employers

Proactive steps to foster a respectful workplace include:

• Clear Policies: Adopt a zero-tolerance stance and provide examples of prohibited behavior.
• Regular Training: Educate staff on recognizing bullying and reporting mechanisms.
• Support Systems: Offer access to employee assistance programs (EAPs) or confidential advisors.

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Conclusion

Workplace bullying is not just a moral issue—it’s a legal one. Ontario’s framework under the OHSA and Human Rights Code empowers employees to seek justice while holding employers accountable. If you’re facing bullying, act swiftly: document incidents, report internally, and seek legal advice to explore your options. Employers prioritize compliance to avoid costly penalties and cultivate a culture of respect.

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Free Consultation with London Employment Lawyers

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Ontario’s laws provide critical protections for employees during mass layoffs, ensuring they receive fair notice, severance pay, and support. If you’re affected by a group termination, understanding your rights and seeking professional advice can help you navigate this challenging time and secure the compensation you deserve. Please do not hesitate to contact our experienced Ottawa employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (548) 489-2006 or fill out the contact form.

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