The Ontario Occupational Health and Safety Act (“OHSA”) requires provincially-regulated employers to have in place (and review annually) a written policy addressing workplace harassment. The OHSA defines ‘workplace harassment’ as "engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome."

Investigations have become common occurrences in the modern workplace. Their rise in popularity has corresponded with statutory changes which require employers to investigate certain claims of misconduct (such as those related to workplace harassment or violence).

Earlier this year, the Federal Government published new Workplace Harassment and Violence Regulations (the “Regulations”), along with Bill C-65, which will amend the Canada Labour Code (the “Code”). These changes come into force on January 1, 2021.

Over close to 9 weeks of social-distancing, my 2-year old daughter and I have watched Disney’s Sleeping Beauty (at her request, I promise) at least 167 times (and often before the sun rises). As we both became word-perfect, I realized this movie, in addition to great animation, holds some important lessons for Ontario employers and employees.

Tired of talking about COVID-19? We certainly are. In an effort to set the pandemic aside for a moment, in this blog article we are going to revisit an old topic: sexual harassment in the workplace.

Earlier this month, Vey Willetts lawyer Andrew Vey spoke with Global News about the novel implications of a recent Ontario court decision for sexual harassment complainants. 

Making a complaint of workplace sexual harassment can be daunting. If the actual harassment itself is not bad enough, employees often fear job-based retaliation for speaking out, or that making matters public might undermine their professional reputation.

Harassment in the workplace continues to be the human resources story that dominates the news. While cases like that of Harvey Weinstein and Charlie Rose often take centre stage, there are plenty of examples here in Canada.

Employees are entitled to work in a respectful environment, free from harassment and discrimination. In circumstances where the work environment deteriorates to such an extent that it may be considered “poisonous” or “toxic”, a court will likely find that the employer’s behaviour in creating and/or condoning this environment amounted to a constructive dismissal of the affected employee.

Since allegations related to Hollywood producer Harvey Weinstein first became public, the #metoo movement has provided a catalyst for society to confront its handling of sexual harassment. Just this week, the latest public figure to be embroiled in such allegations is Steve Paikin, a prominent journalist employed by the provincially-funded broadcaster TVOntario (“TVO”).

In a recent decision from Windsor, the Human Rights Tribunal of Ontario ordered an employer to pay almost $60,000 in damages for the way in which a female employee was repeatedly harassed, insulted and humiliated by senior management.

All Ontario employers have a duty to protect employees from workplace harassment. These protections are set out in the Occupational Health and Safety Act (“OHSA”).

As December arrives, our minds turn to the holidays: turkey, eggnog, and a long-lived tradition — the office christmas party.

The office christmas party is a time for colleagues to relax a little and celebrate the coming season, and an opportunity for management to show their staff appreciation for another year of hard work.