News & Legal Commentary

The Legal Difference Between Workplace Harassment and Bullying in Ontario

The Legal Difference Between Workplace Harassment and Bullying in Ontario

byLecker & Associates | Employee Rights and Entitlements , Workplace harassment

Employees often describe repeated criticism, exclusion, yelling, humiliation or undermining as workplace bullying. In Ontario, the legal issue is not the label. The legal issue is whether the conduct meets a recognized legal standard. 

Workplace harassment has a specific definition under Ontario’s Occupational Health and Safety Act (OHSA). Workplace bullying does not have a separate statutory definition. However, conduct commonly described as bullying may still create legal obligations for the employer. 

The distinction matters because it affects how the concern should be reported, what process the employer must follow and what remedies may be available. 

What Is Workplace Harassment in Ontario? 

The OHSA defines workplace harassment as a course of vexatious comment or conduct against a worker in a workplace, including virtual conduct, that is known or ought reasonably to be known to be unwelcome. 

Workplace harassment may include repeated insults, demeaning comments, intimidation, isolation, malicious rumours, public humiliation or conduct that undermines an employee’s work. 

Workplace sexual harassment is also addressed under the OHSA. It can include sexual comments, conduct, solicitation or advances that meet the statutory definition. 

Ontario employers must maintain a workplace harassment policy and program. They must also ensure that incidents and complaints of workplace harassment are investigated in a manner appropriate in the circumstances. 

Not every difficult interaction is workplace harassment. Reasonable management action, including performance feedback, discipline, scheduling, work assignments or direction, is not harassment simply because an employee finds it upsetting or unfair. 

What Is Workplace Bullying in Ontario? 

Workplace bullying is a practical description, not a separate legal claim under Ontario employment legislation. 

The term is commonly used for repeated conduct intended to intimidate, embarrass, isolate or undermine another person. Examples may include yelling, public criticism, unreasonable demands, exclusion from communications or withholding information needed to perform the job. 

Although “bullying” is not its own legal category, the conduct may still matter. It may qualify as workplace harassment under the OHSA, discriminatory harassment under the Human Rights Code or a breach of the employment relationship. 

In serious cases, bullying or harassment may support a constructive dismissal claim if the employer allows a poisoned, unsafe or intolerable work environment to continue. 

When Does Bullying Become a Human Rights Issue? 

Workplace bullying may become a human rights issue when it is connected to a protected ground under Ontario’s Human Rights Code. 

Protected grounds include disability, race, colour, ethnic origin, sex, sexual orientation, gender identity, age, creed and family status. 

For example, repeated mocking of an employee’s disability may be both workplace harassment under the OHSA and discriminatory harassment under the Human Rights Code. 

That connection matters because human rights claims can involve different remedies, including compensation for injury to dignity, feelings and self-respect. 

What Should Employees in Ontario Do? 

Document the conduct carefully. Record dates, times, comments, witnesses, emails, messages, meetings and any steps taken to report the conduct internally. 

Review the employer’s harassment policy and reporting procedure. Where appropriate, report the concern in writing and identify the conduct clearly. 

Avoid relying only on general labels. Instead of saying only “I am being bullied,” describe what happened, who was involved, how often it occurred and how it affected your employment. 

Employees should also be careful before resigning. Resignation can affect a constructive dismissal claim and should usually be reviewed before any final step is taken. 

Legal Options After Workplace Harassment or Bullying in Ontario

The appropriate legal route depends on the facts. 

An OHSA complaint may focus on whether the employer had a proper harassment policy, program and investigation. A Human Rights Code application may be appropriate if the conduct is connected to a protected ground. 

A civil employment claim may be available where the harassment or bullying contributed to constructive dismissal, bad faith dismissal or another breach of the employment relationship. 

The key is to match the facts to the correct legal pathway. 

Lecker & Associates advises employees across Ontario on workplace harassment, workplace bullying, toxic work environments, constructive dismissal and human rights issues. If you are being targeted, excluded, demeaned or pushed out of work, early legal review can help determine whether the conduct is harassment, discrimination, reprisal or constructive dismissal. Our team of Toronto employment lawyers can be reached at 416-223-5391 or intake@leckerslaw.com for a confidential consultation.

How Lecker & Associates Can Help

Lecker & Associates advises employees across Ontario on termination packages, wrongful dismissal claims, fixed-term contract disputes, and severance negotiations. If your fixed-term contract ended before the agreed end date, early legal review can help determine whether the employer had the right to end the contract, whether the termination clause is enforceable, and whether the offer reflects the full value of the remaining term. Our team of Toronto employment lawyers can be reached at 416-223-5391 or intake@leckerslaw.com for a confidential consultation.

FAQ Image

FAQs: Workplace Harassment & Bullying in Ontario.

Bullying is not a separate statutory claim in Ontario. However, bullying conduct may be illegal if it amounts to workplace harassment, discrimination, reprisal, constructive dismissal or another breach of employment rights.

Workplace harassment generally involves a course of vexatious comment or conduct that is known, or should reasonably be known, to be unwelcome. The facts, context and repetition of the conduct matter.

Harassment often involves repeated conduct. However, a single serious incident may still be legally significant, particularly where it involves workplace sexual harassment, discrimination, violence or serious abuse of authority.

It depends on the facts. A claim may be available if the conduct supports harassment, discrimination, reprisal, constructive dismissal, bad faith dismissal or another recognized employment claim.



Testimonials from Employees Like You

Posted on Google Google
Moumita Tasmin profile picture
Moumita Tasmin
2026-09-16
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had a helpful and informative consultation with Nathan Whittingham. He was professional, attentive, and took the time to explain my options clearly. The consultation is a paid service, but I found the guidance valuable and appreciated his time and professionalism.
Posted on Google Google
Conor Quenneville profile picture
Conor Quenneville
2026-09-08
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Mr. Whittingham has incredible to work with regarding my employment matter. I have been thoroughly impressed by his legal knowledge, insight, professionalism and strategy. He’s been instrumental in helping me navigate my issue. Nathan has helped me every step along the way while we traverse the case. Ultimately helping me find a tailored legal solution that best fits my case. I can’t recommend Nathan Whittingham enough along with the rest of the Lecker and Associates team. Thank you for helping me navigate this stressful legal situation.
Posted on Google Google
Faiyaz Ally profile picture
Faiyaz Ally
2026-08-21
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Matthew was very hands-on throughout which is exactly what I expect. The communication was prompt, and professional. Eslita was always available if I had questions or needed to reach Matthew. Highly recommend this team.
Posted on Google Google
XU ZIMING profile picture
XU ZIMING
2026-08-18
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had the pleasure of speaking with Nathan Whittingham regarding my previous employment experience. He was very helpful and understanding of the issues I am facing, and he provided valuable advice on several related topics. I would be very pleased to have him represent me as my paralegal in the future.
Posted on Google Google
Michael Armstrong profile picture
Michael Armstrong
2026-08-18
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Fifteen years ago, through no fault of my own, I found myself unemployed and facing a severance package. Uncertain about what to do, what my rights were, and under pressure from my employer to sign the agreement, I knew I needed professional help. That’s when I found Lecker and Associates. Their guidance, expertise, and support made all the difference. The results far exceeded my expectations, and I was extremely grateful for the way they handled my case. Fifteen years later, I turned to Lecker and Associates once again and received the same high standard of service and dedication. Once again, the results far exceeded my expectations. Lecker and Associates have earned my utmost respect and comes with my highest recommendation. I would not hesitate to recommend them to anyone who needs knowledgeable, professional, and compassionate legal representation.
Posted on Google Google
Lia L profile picture
Lia L
2026-08-18
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I highly recommend Ian Hurley, Nathan Whittingham and the team at Lecker & Associates. After having a terrible experience with my previous counsel from another law firm, I approached Ian with recommendation from a friend. Ian and his team graciously agreed to take over my case. Ian demonstrated that he truly understood and cared about my situation and provided clear and reasonable advice. He and his team handled everything with patience, efficiency, and professionalism. They set realistic expectations and delivered. Within less than 3 months, Ian was able to reach an acceptable settlement when it took my previous lawyer over a year to get nowhere. I'm truly grateful to Ian, Nathan and his team for helping me move forward and finally put a difficult chapter behind me. I would recommend Lecker & Associates to anyone who's in need for a professional, knowledgeable, and dedicated legal team.
Posted on Google Google
Lidia Sharpe profile picture
Lidia Sharpe
2026-08-17
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had an excellent experience with the team of Matthew Fisher and Eslita Ramkishun. They were always very clear & transparent in their communication and represented me very well with my case. I greatly appreciate their professionalism, expertise and always ready to answer my questions
Posted on Google Google
Kelly Mountain profile picture
Kelly Mountain
2026-08-17
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had an excellent experience working with both Matthew and Eslita. They were consistently professional, knowledgeable, and highly skilled, making every step of the process feel clear and manageable. Their friendly approach and willingness to explain details thoroughly gave me confidence throughout my case. I’m truly grateful for their support and would highly recommend their services.
Posted on Google Google
Charlene Mathias McDoom profile picture
Charlene Mathias McDoom
2026-08-17
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I am very grateful to have had the opportunity to work with Matthew Fisher and Eslita Ramkishun. Matthew's extensive knowledge and experience combined with his strong client-centred approach resulted in a great outcome for me. Eslita's diligence is unmatched and she too was such a pleasure to work with. Highly recommend.
Posted on Google Google
André Nichol profile picture
André Nichol
2026-08-17
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Being laid off and let go is never an easy process. The stress, uncertainty, and anxiety make decision making extremely difficult. Thank you to Jared and Jass at Lecker & Associates for explaining my options and employment law. It’s one thing to be an expert in your profession, it’s quite another to try to comprehend the intricacies of employment law when stressed. Thank you again to Jared and Jass for diligently negotiating my severance package.

Breathe Easy, We’ve Got This

Reputation Matters