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 be quiet, relentless, and deeply harmful—undermining your work, your confidence, and even your mental health. But many employees are unsure of their rights and options when they experience inappropriate conduct at work, which often raises the question: “Can you file a case against bullying in the workplace?”
According to the Canadian Centre for Occupational Health and Safety, workplace bullying is defined as repeated, unreasonable behaviour directed towards a worker or group that creates a risk to health and safety. This can include spreading rumours, belittling comments, exclusion from work-related activities, or assigning unreasonable duties. If this sounds familiar, know this: you are not expected to endure it. There are clear paths to stop workplace bullying and harassment; you can hold employers accountable.
What Is Considered Bullying in the Workplace?
Bullying can take many forms—some overt, some subtle. What are the four types of bullying? The four most recognized types include:
- Verbal Bullying: Name-calling, teasing, or inappropriate jokes.
- Social Bullying: Deliberate exclusion, spreading false rumours, or public humiliation.
- Physical Bullying: Unwanted physical contact, threats of violence, or destruction of personal property.
- Cyberbullying: Harassment through email, messages, or social media.
When Should You Make a Report About Bullying?
The short answer? As soon as it starts affecting your well-being or ability to work. It’s easy to second-guess yourself: Was it just a bad day? Am I being too sensitive? But if a reasonable person would consider the behaviour inappropriate or harmful, it deserves attention.
Early reporting is not only a protective measure—it can also make a difference in how the situation is handled. Ontario law places the onus on employers to prevent bullying and maintain a safe, respectful workplace. They are legally required to investigate complaints of harassment and bullying.
What Do You Do When Someone is Bullying You at Work?
1. Document Everything
Record every incident in detail. Include dates, times, what was said or done, witnesses, and how it affected you. This documentation can be critical if you later decide to file a formal complaint or pursue legal action.
2. Speak to Your Supervisor or HR
Raise your concerns with someone in a position to act. If the bully is your supervisor, escalate it within the organization. A written complaint is often more effective than a verbal one—it creates a record that’s harder to ignore.
3. Submit a Formal Complaint
If internal efforts fail, or you’re afraid to come forward, you can file a formal complaint. This might be through your company’s harassment policy, a union grievance (if applicable), or potentially a legal claim through the Ministry of Labour or Human Rights Tribunal, though you should seek independent legal advice beforehand to ensure you are taking the optimal path forward.
4. Seek Legal Advice
Every situation is different. That’s why it is recommended to speak with an employment lawyer to get practical guidance that will help you assess your options, protect your rights, and decide the best way forward.
Can You File a Legal Case?
Yes, and there are multiple routes available depending on the nature and severity of the bullying:
- Workplace Harassment Claims: If your employer fails to respond adequately to harassment or bullying, you may have grounds for legal action under Ontario’s workplace health and safety laws.
- Human Rights Complaints: If the bullying is related to protected grounds such as race, gender identity, disability, or sexual orientation, it may qualify as discrimination under Ontario’s Human Rights Code. Learn more about Human Rights and Discrimination.
- Constructive Dismissal: If the bullying is so severe that it forces you to quit, you might be entitled to compensation for wrongful or constructive dismissal.
What If the Bully is a Co-Worker or Manager?
Employers have a legal obligation to investigate all complaints and take reasonable action. If they fail to do so, they may be liable not only for the harasser’s behaviour but also for the system that allowed it. Even if the harasser is a colleague and not a manager, inaction by the employer is not acceptable.
How Whitten & Lublin Can Help
Navigating a bullying complaint can feel overwhelming—especially when you’re already dealing with stress, anxiety, or fear. At Whitten & Lublin, we’re not just here to interpret the law. We’re here to advocate for your dignity, safety, and future.
With deep experience in workplace harassment and bullying, our lawyers will assess your situation, help you understand your rights, and create a plan that puts your well-being first. We’ll handle everything with the utmost discretion and professionalism. No one should dread going to work. Not you. Not anyone. Take back control.
Call us at 416-640-2667 for a consultation. You don’t need to handle this alone.