Blog – Harassment and Bullying
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If the behaviour of another at work has made it impossible for you to remain working in that environment, you may be a victim of workplace harassment and bullying. Workplace harassment and bullying can take on many forms of behaviour such as violence, intimidation, threats – verbal or written, offensive or inappropriate jokes, inappropriate teasing, inappropriate touching, offensive gestures, insults, public shaming/embarrassment.
Court Cases Highlight That Freedom Of Speech Doesn’t Mean Freedom From Workplace Consequences
Special to The Globe and Mail Can your private texts or instant messages with co-workers cost you your…
Can You Record Conversations at Work in Canada?
With smartphones and recording apps always within reach, employees may be tempted to record conversations at work, especially…
Do Employers Have to Accommodate You at Work?
Recent research from the Conference Board of Canada shows that the concept of workplace accommodation is confusing for…
What Should I Do If My Employer Asks Me to Sign a Performance Improvement Plan (PIP)?
Facing a Performance Improvement Plan (PIP) at work can be extremely difficult, confusing and stressful. Are you asking…
Managing Risk at the Office Holiday Party
As companies gear up for end-of-year celebrations, it’s important to remember that the fun event that staff enjoy…
When the Holiday Spirit Meets the Workplace: Alcohol, Law and the Power of Honesty
Special to Toronto Star As the holiday season approaches, many look forward to celebration, toasting with colleagues, reconnecting with…
“My Boss Called Me Ugly”: Is That Workplace Harassment in Ontario?
An employee recently shared on Reddit that his boss called him “ugly” during a meeting in front of…
Holiday Work Parties: What Employees Need to Know to Avoid Discipline or Termination
To paraphrase the popular holiday song, we are entering “the most wonderful time of the year”. With the…
Ruling in UNB volleyball case shows sometimes even workplace bullies deserve a warning
Special to The Globe and Mail Canadian courts have cracked down hard on workplace bullies in recent years,…
After viral Coldplay kiss-cam video, advice for workers on when private relationships become your employer’s concern
Special to The Globe and Mail Is there still a line between your private affairs and accountability to your…
When is Feedback Considered Harassment at Work?
In Ontario, legislation like the Occupational Health and Safety Act (“OHSA”) and the Ontario Human Rights Code (the “Code”) provides protection…
How to Cope with Workplace Bullying?
Workplace bullying doesn’t always look like shouting or slamming doors. It can come in quiet, undermining comments, repeated…
What Are My Rights in a Workplace Harassment Investigation in Ontario?
In Ontario, legislation like the Occupational Health and Safety Act (“OHSA”) and the Ontario Human Rights Code (the “Code”) provides protection…
How to Win a Workplace Bullying Case in Ontario?
Workplace bullying rarely begins with a single outburst. More often, it builds quietly—an inappropriate comment brushed off, a…
Can You File a Case Against Bullying in the Workplace?
Workplace bullying doesn’t always look the way people expect. It isn’t just shouting or physical violence. It can…
Workplace Sexual Harassment in Ontario: Legal Protections and Employer Responsibilities
What are the allegations against Mohamed Al Fayed? A recent BBC documentary exposed that dozens of women alleged…
WestJet Class Action: A Costly Lesson in Workplace Harassment
What is the WestJet class-action case about? There is an ongoing class-action case in the Supreme Court of…
Is Verbal Harassment a Crime in Ontario?
Harassment and bullying are serious issues in any workplace, and understanding the different types and their definitions and…
Is Testing for Marijuana on the Job Harassment?
Recently, an arbitrator held that Air Canada was justified in testing a flight attendant’s hair for use of…
Is Workplace Bullying a Crime in Canada?
Although often thought of as something only seen on the schoolyard, bullying and harassment can affect anyone, including…
The Shocking Truth of Workplace Harassment
Navigating the professional world amid harassment is a daunting journey, one that often remains shrouded in silence. The…
Fighting Sexual Harassment and Discrimination in Law
Why is Addressing Sexual Harassment and Discrimination Crucial in the Legal Field? The legal world, which is supposed…
What to Do While Facing Workplace Harassment?
What Constitutes Workplace Harassment? News broke recently that a former strength and conditioning coach for the Toronto Argonauts…
Sexual Harassment in Workplace: Rights & Obligations
What constitutes sexual harassment in the workplace? Sexual harassment in the workplace is a significant issue and one…
Workplace Harassment: Canada Embraces ILO Convention 190
How does Canada’s adoption of Convention 190 address workplace harassment? As Canada embraces the International Labour Organization’s Convention…
Deciphering Just Cause: Insights from a Landmark Case
What constitutes “just cause” in employment law? Just cause is widely known as the “capital punishment” of employment…
Ontario Court Awards $4.7 Million Judgment Against Internet Troll
What was the recent decision by the Ontario Superior Court regarding online defamation? In a recent decision by…
Workplace Harassment Persists Despite Laws in Place
What does the recent Statistics Canada survey reveal about workplace harassment and sexual harassment in Canada? A recent Statistics…
When Does Rudeness Become Workplace Harassment?
What Duties Do Employers Have Regarding Workplace Harassment? There can be a thin line between simple rudeness at…
Sexual Harassment: Employer Challenges Claim of Worker
Is Just Cause the “Capital Punishment” of Employment Law? Just cause is widely known as the “capital punishment”…
Office Christmas Party – Your Employer’s Obligations
The holiday season is a time for celebration, and many workplaces organize office Christmas party for their employees…
Ontario’s Stand Against NDAs in Workplace Harassment
Ontario is taking a significant step toward addressing workplace sexual harassment, misconduct, and violence by considering the prohibition…
Ontario’s Harassment and Discrimination Laws
A news story recently circulated from Kansas in the United States, where a Chipotle restaurant manager was sued…
Discrimination Unveiled: Social Media’s Dark Side
What Role Do Social Media Platforms Play in Today’s Society? Social media platforms form the bedrock of today’s…
Mike Babcock Resigns: Blue Jackets’ Coaching Shake-Up
Why Mike Babcock Resigns: The Sudden End to His Coaching Stint Mike Babcock’s tenure as head coach of…
Workplace Harassment: The Importance of Investigation
What are an employer’s duties when investigating complaints of workplace harassment under the Ontario Health and Safety Act?…
Sexual Harassment: A Pervasive Workplace Phenomenon
Why is reporting incidents of sexual harassment in the workplace rare? Sexual harassment unfortunately continues to ravage the…
Workplace Harassment: Investigations Gone Wrong
What are the duties of employers under Ontario’s Occupational Health and Safety Act regarding workplace harassment complaints? Ontario’s…
Canada’s International Treaty: Prevents Workplace Harassment & Violence
Canadian employers should be looking at their workplace harassment and violence policies following a recent international treaty. The…
Are Workplace Relationships Illegal?
Toronto Mayor John Tory has resigned due to a workplace relationship with a former member of his staff. …
Workplace Discrimination – Ontario Transgender Teacher Sparks Controversy by Wearing Prosthetic Breasts in Class
Media outlets have been circulating a recent video clip from an Ontario high school of an Ontario transgender…
Case for Terminating Workers Who Engage in Sexual Harassment is Stronger Than Ever
Special to The Globe and Mail The case for terminating workers who engage in sexual harassment is stronger…
Employment Lawyers for Workplace Disputes
Workplace disputes are often an inevitable event for most workplaces. When these issues arise, employers must ensure that…
OHL Vaccination Policy – Mandatory Vaccination Policies of OHL and NFL
The Ontario Hockey League (“OHL”) has recently released its COVID-19 vaccination policy, which requires all OHL Community Members…
Vaccination Policies at Work: Can You be Fired for Refusing a COVID-19 Vaccine?
Employers’ duty to maintain workplace safety with vaccination policies in place Employers have a duty to provide a…
Governor General Julie Payette’s Resignation
Governor General Julie Payette announced on Thursday that she would be stepping down following reports of workplace harassment…
Child Care During COVID-19: Workplace Laws For Parents
Daniel Lublin, Special to The Globe and Mail Child care during COVID-19 can be a delicate balancing act…
COVID-19 Vaccination: If We Eventually Find a Vaccine For COVID-19, Can My Employer Force Me To Get It?
Daniel Lublin, Partner at Whitten & Lublin Employment lawyers, talked to The Globe and Mail about the requirement…
New Workplace Harassment and Violence Prevention Policy for Federally Regulated Employers
On June 24, 2020, the federal government announced that the Workplace Harassment and Violence Prevention Regulations will come…
Employment Rights During the Coronavirus Outbreak
Understand your employment rights during the Coronavirus outbreak. Employment Lawyer, Daniel Lublin, talks with CP24. Canada’s Finance Minister…
Your Work Rights Amid COVID-19 Concerns
COVID-19 concerns are rising around the world, and companies in Canada are now reviewing policies around employee travel…
Coronavirus Outbreak at Work: What The Workplace Needs to Know
Coronavirus Outbreak at Work SPECIAL TO THE GLOBE AND MAIL What are the rights and obligations of Canadian…
Discriminated Against at The Workplace Due to Coronavirus?
There have been reports of people being discriminated against at the workplace due to Coronavirus along with Xenophobia…
Racism & Discrimination Spreading With The Fear of Coronavirus
The World Health Organization has declared a global emergency for the spread of the Coronavirus from Wuhan, China…
I Got Demoted at Work After Taking a Short Vacation. What Can I Do?
SPECIAL TO THE GLOBE AND MAIL THE QUESTION I went on vacation for two weeks to get married…
Holiday Party Liability
“It’s the most wonderful time of the year!” [cue sappy music]. The holiday season is upon us and…
Office Relationships: Recognizing Severity and Appropriate Responses
Office relationships are far from uncommon, however, with the rise of #metoo and the scrutiny this has placed…
Criminal Records: Can my past come back to haunt me when looking for a new job?
In order to determine whether a past action can be detrimental to future employment opportunities, one must ask:…
Privacy and work – What Can and Can’t Your Employer Ask About You?
An employee has an expectation of privacy, but all this is within reasonable limits. What an employer is…
#MeToo in the Workplace – Options to Fight Against Sexual Harassment
The #MeToo movement has attracted considerable attention to sexual harassment in the workplace, especially the power dynamics inherent…
Requesting Proof for Short Leave from an Employee
Under the Employment Standards Act (ESA), employees are entitled to the following short leaves of absence (SLOA): While…
Health and Safety in the Workplace: Heat-related Illness
During the summer months, it is important that workers required to work outside or in confined spaces with…
Are Domestic Workers Hired by Householders Employees?
Domestic workers are individuals hired in a private household by householders to assist and/or supervise individuals such as…
Refusal of Unsafe Work: An Abusive Supervisor
Under health and safety legislation, employees have the right to refuse unsafe work. Unsafe work includes many aspects…
Manner of Dismissal Matters: A Case of Sexual Harassment
The manner of dismissal may lead to significantly more costs in damages in any event, and, in particular…
Workplace Harassment and Intentional Infliction of Nervous Shock Damages
When claiming the tort of intentional infliction of nervous shock against an individual, it must be proven that…
Alcohol At Workplace Events: Employer Liabilities?
It is not uncommon for employers to sponsor or hold workplace events with alcohol being served. An example…
I am being bullied at work by my boss. What do I do?
Question: I am being bullied at work by my boss. What do I do? She yells at me…
What is Ethnic Discrimination in the Workplace?
Ethnic discrimination occurs when an employee is treated different than his or her colleagues based on their ethnicity…
Attending a white supremacist rally be grounds for dismissal?
After several attendees of last month’s white nationalist rally in Charlottesville, Va., were outed on social media and…
When is Domestic Violence an Issue of Workplace
It may not be well known, but there are instances where domestic violence is an issue of workplace…
Sexual Harassment After Work Hours – Can a Manager be Disciplined?
It may be commonly perceived that unacceptable conduct in relation to the workplace only extends as far as…
Important Information for Conducting Criminal Background Checks for Condition of an Employment Offer
Employers must treat criminal record checks similarly to other protected grounds of discrimination such as race, religion and…
Medical Marijuana Use in a Safety Sensitive Workplace: Can an Employer Deny an Employee Use?
Medical marijuana may be prescribed for several medical reasons. Under human rights law in Ontario, workers have a…
Employee Medicinal Marijuana Use and Workplace Policy: What Are the Implications?
If an employer has a workplace policy that restricts or prohibits the use of medicinal marijuana this could…
What age discrimination looks like in the workplace
“We do not want to invest in someone who will retire so soon.” “Perhaps you would benefit from…
5 Things That Make For a Hostile Work Environment
A hostile work environment is created when an employer or colleague behaves in such a way that it…
Holiday Party & Corporate Liability
A staff holiday party is a great way of celebrating the holiday season. It can also be an…
What to do about Bullying in the Workplace
Bullying was unacceptable when you were a kid on the playground. It is no different that you are…
Important Internship Laws for Employers and Interns
In 2014, Ontario’s Ministry of Labour conducted an inspection blitz in connection with unpaid internships. Of the 56…
Know Your Religious Rights in the Workplace
Employees have a right to be free from discrimination in the workplace that is based on their religious…
Bias in the Workplace
Bias in the workplace is often problematic but it is not on its own illegal. For example, it…
Recognizing Signs of Discrimination in the Workplace
The most common form of discrimination in the workplace is not immediately obvious and you may not even…
What You Need To Know About Medical Marijuana
Many people are prescribed marijuana to cope with health conditions, such as chronic pain, cancer, and sleeping disorders. …
The Rise of Age Discrimination Lawsuits
Age discrimination is where an employee is treated differently, or unequally, in the workplace on the basis of…
Equal opportunity employment
Equal opportunity employment is important and is in line with the employment equity goals of the Charter of…
Can an Employer Terminate an Employee Who is Ill?
Question: I was fired through email, while undergoing cancer treatment! I believe I was let go because I…
Q&A: Do you have the right to a harassment-free work environment?
QUESTION I have decided that my experience with my boss is in fact harassment and bullying. My performance…
Q&A: Workplace Harassment
I have been harassed by three of my co-workers in my workplace for one year. The harassment has…
Changes to the Human Rights Code and its impact
In light of the 2008 changes to the Human Rights Code (Code), it is possible for an employee…
Can I fire my alcoholic employee?
The workplace environment brings a number of people together under one roof which may include employees with addictions….
Are Unpaid Internships Legal?
Unpaid internships can be deemed as sketchy, even illegal in some cases. That’s why Bank of Canada Governor,…
Harassment complaints against MP’s
Recently, the House Board of Internal Economy implemented a new process to deal with harassment complaints from Members…
Bullied employee-wanting to resign?
Too often we hear about bullied employee who is mistreated to such an extent that he/she feels the…
Employer’s legal obligation to manage domestic violence
Domestic violence can begin in the home, but it can navigate its way to the workplace and employers…
The ‘genius’ class action lawsuit by the Canadian Hockey League
The lawsuit filed last week by the junior hockey players against the Canadian Hockey League (CHL) has been…
Employment and accomodation for your injury
No one can decide the best timing for an injury. When your employment and employment duties become affected…
Your employment rights regarding mental illness therapy
An employer-employee relationship can be impacted as a result of mental illnesses. Depending on the diagnosis, these illnesses…
Dealing with unpleasant issues in the workplace
In almost every workplace you will find employees with different backgrounds, habits and styles that can be distracting…
More tips for lawsuit-free corporate holiday party
Kate MacNamara, CBC’s Business Columnist, shared Daniel Lublin’s tips for lawsuit-free corporate holiday parties during radio interviews across…
Bill 127 – Expanding the Code to Add Genetic Protection
The Addition of Genetic Characteristics Bill 127, a private member’s bill, is currently before the Legislative Assembly of…
The City of Windsor: Terminating an Employee with a History of Unacceptable Conduct
The City of Windsor was Justified In another example of adjudicators becoming decreasingly tolerant of threats of violence…
Gender Discrimination Claims
Gender Discrimination Claims in the Bank of America Last Friday, Bank of America agreed to a settlement of…
Employer Justified in Firing Disabled Employee
Firing Disabled Employee After a Car Accident The Alberta Human Rights Commission recently upheld an employer’s decision to terminate…
Sports Bar Must Pay Damages After Firing Pregnant Waitress
The Human Rights Tribunal of Ontario An Ontario sports bar was recently ordered to pay nearly $20,000 in…
Recruitment: Is Your Photo more Important?
There are all sorts of dating websites out there that might shock you. Ones exclusively for millionaires, ones…
RCMP’s sexual harassment allegations
An RCMP spokesperson faces allegations of sexual harassment by former employee who has been on sick leave for…
Your Options for Maternity Leave Complaints
When you decide to make a complaint against your employer for something that happened while on maternity leave…
Why office romance can be such a tricky business
Office romance can be a tricky business. Whether it’s because of human nature, bad timing or just bad luck, the legal fallout from dating at work is back in the news, making headlines as corporate executives and government officials continue to roll the dice, losing or leaving their jobs because of a workplace relationship gone awry. But office romances between consenting colleagues are not illegal, and there are no statutes or laws against dating anyone at work. So why is there a profound fear of legal liability, and when do employers and the courts have a right to intervene?…
What to do when violence erupts in the workplace
These days, violence in the workplace can be a significant liability for employers, in various ways. When Dan Gjema was pushed too far by another employee, he pushed him back – literally. Although it cost Mr. Gjema his job, a Manitoba court found in 2012 that his employer was ultimately to blame….
I’ve been bullied & I’ve been fired. What do I do?
I have been ignoring the bullying that has happened to me for four-and-a-half years. It came to a halt when I was escorted out of the building like a common criminal. Then they terminated my five-and-a-half year employment, without cause. No one should be subjected to this kind of treatment. I have never had this happen to me before. This is a big black mark on my employment record. What would be my next steps?…
Is your boss just tough, or a bully?
Today, much of the Canadian work force believes they are being “bullied” or “harassed.” But despite statutory definitions and workplace policies attempting to define this behaviour, it is still usually a matter of perception. A tough boss to one employee is often a bully to another. Since bullying and harassment are often in the eyes of the beholder, when do our courts and labour tribunals intervene? And when does bullying or harassment justify a successful lawsuit?…
Sexually harassed at work and pushed out. Now what?
I recently walked off a job after being sexually harassed. It was reported to my employer and a proper investigation was not conducted. Instead I was put on a shift I couldn’t work and eventually had to leave. The sexual harassment was actually a sexual assault. What are my legal options? Who do I report this to in order to get some action?…
Pregnancy rights in the workplace
What does an employer need to keep in mind when dealing with an employee who announces her pregnancy? …
Pregnant and discriminated- what are your rights?
How do you recognize if you have been discriminated against while pregnant or on maternity leave? Have you…
Supreme Court Rules Against Random Workplace Alcohol Testing
On Friday, the Supreme Court of Canada (SCC) released its eagerly awaited decision in Communications, Energy and Paperworkers Union of Canada,…
The Answers to Your Maternity Leave Questions
Pregnancy and Parental leave rights and entitlements can be confusing. Knowing where to look to find information is the…
Fired While on Maternity Leave
Is Your Job Safe? Do you think your job is safe while you are on maternity or parental…
Dealing with sexual harassment at work
Every employer in Ontario has a legal obligation to provide a workplace free from harassment. This obligation extends…
Do’s and Don’ts of Workplace Law
Employees are often the authors of their own misfortunes at work. Few take advantage of laws that are construed in their favour. Fewer will challenge their employer’s decisions, however unjust. Most will just complain. But – if you have an inclination to fight back, here are some do’s and don’ts….
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