Workplace Investigation Support for Employees

Vey Willetts LLP assists an individual complainant who may want to consider filing a harassment complaint and have support through that process, or an individual respondent who may want assistance and support in responding to an allegation of harassment made against them.

What is Considered Workplace Harrassment in Ontario?

Workplace Harassment includes unwelcome words or actions that are known or ought to have been known to be embarrassing, demeaning, offensive, and humiliating. Harassment does not have to be intentional.

Anyone can experience workplace harassment and there are various forms of harassment such as:

  • Verbal harassment consists of offensive remarks or jokes based on a personal characteristic (e.g., a racial slur).

  • Sexual harassment encompasses inappropriate comments about gender identity, gender expression, sex, sexual orientation, unwelcome sexual solicitations and advances, unwanted touching and jokes and the like. 

  • Psychological harassment occurs where the words or actions affect an employee’s mental wellbeing (such as gaslighting). 

  • Physical harassment includes unwanted physical contact and/or violence.

  • Social harassment is where an employee is isolated and socially excluded in the workplace. 

Additionally, it is imperative to note that workplace harassment can occur beyond the office or job site. Circulating personal photos, sending threatening emails outside office hours, and spreading rumours online may also be examples of harassment. While harassment is usually repetitive and ongoing conduct, it can also arise from a single serious incident

Generally, harassment does not include reasonable action and steps taken by employers relating to the management and direction of the workplace (such as changes in work assignments, job assessments and evaluations, workplace inspections, disciplinary actions, and scheduling).

However, if management power is exercised unreasonably, or used to target or mistreat an individual employee, it may constitute harassment.

How Do I File a Workplace Harassment Complaint in Ontario?

Employees have the legal right to work in a safe and respectful environment. If you believe that you are experiencing harassment at work, you should start, where possible, by raising the issue with your supervisor, manager, HR department, or a designated individual outlined in your employer’s anti-harassment program.

If you are part of a union, you can also contact your union. You should obtain and review your employer’s anti-harassment policy to help guide your steps in this regard. 

If a concern cannot be resolved informally (or it is ill-suited to informal resolution through dialogue), you should file a written complaint with the appropriate person (again, following the steps set out within the employer’s anti-harassment policy). If your employer has no such policy, you may seek guidance from your employer about how best to advance your complaint. 

Document the harassment complaint in writing – making note of the date and time of harassment, what was said or done, who was involved, as well as any witnesses. You should also keep a record of the steps you have taken to report harassment and the response you received from your employer, which is a crucial step if you decide to pursue legal action against your employer in court or through filing a human rights complaint.  

Be aware that the law protects you from reprisal (i.e., retaliation) for making a harassment complaint in good faith. As such, should your employer respond poorly to the complaint or appear to issue discipline in response, you may wish to contact legal counsel at that stage to discuss options.

The lawyers at Vey Willetts LLP are experienced in helping employees navigate issues of workplace harassment – ensuring a fair process and providing support throughout an investigation. Such support may include advising on statutory and policy requirements, employees rights, preparing for interviews with an investigator, compiling relevant evidence and attending meetings, as required.

 

What are My Employee Rights When Accused of Workplace Harassment?

If you have been accused of harassing someone at work, you should be responsive to, and cooperate in, the workplace investigation process that your employer initiates. If the allegations are criminal in nature, you may wish to first seek advice from a qualified criminal defence lawyer.

As a respondent, you are entitled to have a clear understanding of the allegations being made against you and to be afforded an opportunity to provide a fulsome and informed response. This may include providing a response in writing and/or meeting with the investigator to explain the situation from your standpoint.

In some circumstances, an employer may choose for operational reasons to temporarily place a respondent on paid administrative leave. That said, a respondent should not be subject to any form of discipline absent a finding (on a balance of probabilities) that harassment occurred.

We understand that being the subject of a harassment allegation can be upsetting and stressful. It also has the potential to cause reputational harm. Vey Willetts LLP can support you throughout the investigation process, explain to you what your rights are, and help ensure you are provided with a full and fair opportunity to respond and defend yourself.

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A Proven Track Record of Legal Success

Employment and Labour Laws are not always straightforward, but whether you are an employee or an employer, understanding your rights and duties will only stand to benefit you. Reach out to an employment lawyer or labour lawyer today if you have any questions and be sure to get what you deserve and safeguard yourself for the future. The lawyers at Vey Willetts LLP have a proven track record and are happy to assist.  Our Ottawa employment lawyers and labour lawyers serve clients throughout both Ottawa and Ontario. 

Call us today at 613-238-4430, 1-800-296-7989 or fill out our online form.