Areas of Practice

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Workplace Harassment

 

Workplace harassment is not only unacceptable but also illegal in Ontario. Since 2009, under the Ontario Health and Safety Act, legislation has been in place to protect employees from harassment in the workplace. You are entitled to work in a safe, healthy environment where your well-being is respected.

When left unchecked, workplace harassment can escalate into more severe forms of violence, leading to mental and physical health problems, increased absences, and a toxic work environment. In many cases, it also paves the way for wrongful and constructive dismissal claims. No employer should tolerate such behaviour, as it benefits no one.

In September 2016, Ontario further strengthened its workplace harassment laws, requiring employers to investigate all complaints, take appropriate action, and implement disciplinary measures where necessary. These protections extend to every stage of your employment, from recruitment to termination, ensuring that you are safeguarded at all times.

Bullying & Workplace Harassment

  • Bullying in the workplace often mirrors schoolyard behaviour, with some individuals continuing to exhibit aggressive tendencies in a professional setting.
  • Common forms of workplace bullying include public humiliation, isolation, malicious gossip, and rumours.
  • Reporting bullying to HR can sometimes backfire, especially if the bully holds a senior or well-regarded position.
  • Legal intervention is often necessary in such cases. The sooner you involve us, the better your chances of protecting your job.

Sexual Harassment

  • Sexual harassment undermines personal dignity and creates an unsafe work environment.
  • It includes unwelcome advances, sexual comments, suggestive jokes, inappropriate touching, and even sexual assault.
  • Both men and women can be victims, but women are often more vulnerable due to disparities in workplace power and authority.
  • Even women in senior positions are not immune to sexual harassment.

Harassed After Returning from Sick Leave

  • Returning from medical leave can expose you to workplace harassment or constructive dismissal.
  • Employers may unfairly compare you to temporary replacements, scrutinize your performance, or impose unreasonable workloads.
  • This toxic environment may push you to quit, often a hallmark of constructive dismissal.
  • Many employers are aware of the law but rely on employees being unaware of their rights.

Harassed for Being a Parent

  • Pregnancy and parenting can sometimes lead to workplace harassment, especially in high-pressure environments.
  • Pregnant employees or new parents may require accommodations that some employers are unwilling to provide.
  • You may face undue criticism or harassment while pregnant, on parental leave, or after returning to work.

We Can Help

Our employment lawyers will review your workplace harassment case confidentially and without judgment. Your safety and well-being are our top priority, followed closely by protecting your livelihood.

We will help you document evidence, educate your employer about their legal responsibilities, and, if necessary, pursue a wrongful dismissal severance package or constructive dismissal case. If you have already left your job due to harassment, we will fight for your rights and ensure you receive the compensation you deserve.

Workplace harassment is entirely illegal in Ontario—no one should feel victimized.

Ontario Employee Rights - Our Focus:

At Leckers Law, we exclusively represent employees. We understand the power imbalance that often exists in employment relationships and are dedicated to levelling the playing field. Our lawyers are passionate about advocating for your rights and ensuring you receive the fair treatment you deserve.

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FAQs

If your employer fails to investigate or act on your harassment complaint, you have legal options. You can file a complaint with the Ministry of Labour, seek legal advice, or pursue a human rights claim. It’s crucial to document everything and involve a lawyer to help guide you through the process.

No, it is illegal for an employer to retaliate against you for reporting workplace harassment. If you are fired or demoted after making a complaint, it may constitute wrongful or constructive dismissal, and you could be entitled to compensation.

A toxic work environment is one where ongoing harassment, bullying, or discrimination makes it impossible for you to perform your duties effectively. If your workplace has become toxic due to harassment, you may have grounds for a constructive dismissal claim.

Yes, harassment can occur during work-related events outside regular hours, such as social gatherings, conferences, or work trips. The law protects you from harassment in any work-related context, whether during or outside working hours.

Documenting instances of harassment is key. Keep records of emails, texts, or any other form of communication that proves the harassment. Also, write down detailed accounts of verbal or physical incidents, including dates, times, and any witnesses. A lawyer can help you gather and organize this evidence to build a strong case.

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