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 subtle reassignment of job duties, a growing sense of exclusion. Over time, what may seem like friction or poor management begins to resemble a pattern. When bullying behaviour becomes persistent and damaging, it moves from workplace politics into the territory of employment law.
Understanding how to win a workplace bullying case in Ontario involves far more than simply calling out bad conduct.
What Constitutes Bullying in the Workplace?
There’s a reason so many people hesitate. “Bullying” feels hard to pin down. It can look like authority, sound like structure, and blend into the routines of the workday. But when it’s persistent, targeted, and makes it harder to do your job—or be well while doing it—it’s more than a problem. It’s a liability.
According to the Canadian Centre for Occupational Health and Safety, workplace bullying is often an abuse of power expressed through aggression. It includes verbal attacks, isolation, sabotage, and intimidation—and when it targets a person’s sexual orientation, gender identity, or any other protected class, it crosses fully into discrimination. These are not grey areas. This is workplace harassment. This is legal territory.
The law also considers whether this behaviour creates a hostile work environment or impairs an employee’s physical health, mental well-being, or work performance. If it does—and if the employer fails to intervene appropriately—it becomes more than a workplace issue. It becomes a legal one.
What Is an Example of Bullying in the Workplace?
Let’s be specific. A senior team member continually assigns a particular employee the least desirable tasks, withholds key information needed for deadlines, and jokes about their “sensitivity” in front of others. The employee raises concerns, but management dismisses them as interpersonal friction. Over time, the employee develops anxiety, starts calling in sick, and is eventually warned that their performance is slipping.
This is a textbook example of unacceptable behaviour that crosses the line into bullying territory. It’s targeted. It’s persistent. And it’s affecting both the employee’s well-being and ability to meet job duties.
You Know It’s Happening. Now What?
Start documenting. Quietly. Persistently. Save the emails. Write down what was said, who was present, when it happened, and how it affected you. If your work performance began to suffer or your physical health changed, log that too.
Look through your employee handbook. Identify the internal complaint pathways and use them. Submit your concern in writing. Keep a copy. That complaint may become crucial evidence later on, especially if your employer fails to take proper action—or worse, turns against you.
When employers ignore or mishandle reports of workplace harassment or bullying, they’re not just failing morally. They’re exposing themselves legally. And that’s where your case begins to gain traction.
The Employer’s Obligation (and What Happens When They Fail)
Under Ontario’s Occupational Health and Safety Act, employers are required to investigate all allegations of bullying behaviour. They must maintain confidentiality unless disclosure is necessary for investigating or taking corrective action, or is otherwise required by law. Take appropriate disciplinary actions. Ensure a safe work environment for everyone. Many don’t.
And when they don’t—when complaints are buried, when victims are punished, when policies are ignored—that failure becomes part of your claim. Whether your situation involves harassment, abuse, or constructive dismissal, the law is very clear: employers cannot turn a blind eye to toxic work environments.
How Do You Handle Workplace Bullying?
How do you prove workplace harassment or bullying? You build the right strategy for your facts. Some matters may involve a discrimination claim filed with the Human Rights Tribunal. Others are better suited for a wrongful dismissal action or a civil tort claim for mental suffering. In rare but severe cases, criminal law may even apply—particularly if sexual assault or threats were involved.
If the bullying forced you to resign, that may constitute constructive dismissal—a complex area we regularly advise on. Learn more about this through our article: When Bullying Ends in Termination.
The strongest cases align the facts with the most effective legal channel. That alignment? It’s what we do best.
Workplace Bullying: From Incident to Resolution
Winning a workplace bullying case isn’t about reacting quickly—it’s about moving deliberately. The process begins long before legal papers are filed.
It starts with awareness. An employee recognizes that something is wrong—not just a tough day or a difficult colleague, but a pattern of behaviour that feels targeted, unreasonable, and damaging. At this stage, many begin documenting: noting specific incidents, keeping copies of emails, and logging the ways their work or health is being affected.
Next comes internal reporting. This often involves raising the issue with a manager or the HR department and submitting a formal complaint, especially if the organization has a written anti-harassment or workplace conduct policy. For some, this step leads to a proper investigation and resolution. For others, it only deepens the problem—either because the employer minimizes the complaint or fails to act altogether.
When internal options fail—or when the bullying continues—employees turn to legal counsel. This is where the case takes formal shape. With the guidance of an experienced employment lawyer, the employee’s story is evaluated through a legal lens: Does it meet the threshold for workplace harassment? Did the employer breach a statutory duty or contractual obligation? Is the situation severe enough to qualify as constructive dismissal?
From there, a strategy is developed. That might mean pursuing settlement negotiations, sending a demand letter, or initiating a claim through a human rights tribunal or civil court. The facts, legal claims, and supporting documentation must all align—and the employer’s responses (or lack thereof) often influence how aggressively the case proceeds.
What Success Actually Looks Like
“Winning” doesn’t always mean your day in court. Most cases resolve before they become public. A strong case—one supported by concrete evidence, a clear pattern of abuse, and an employer’s documented failure to act—often leads to a favourable private resolution: financial compensation and an agreement on exit terms. Ultimately, it’s about getting the peace of mind you need to move on.
Why Whitten & Lublin
There’s a common misconception that workplace bullying is something you simply “tough out.” That silence is professionalism. That endurance is strength. In truth, these notions serve the bully far more than the victim.
At Whitten & Lublin Employment Lawyers, we don’t just protect employees—we empower them. Our team has extensive experience in handling complex bullying, harassment, and discrimination matters across Ontario.
Every bullying case is unique. So is every solution. What remains constant is our commitment to protecting your rights, restoring your dignity, and providing the clarity you need to move forward with confidence.
If you’re considering legal action—or just wondering whether your situation warrants it—contact Whitten & Lublin online or call 416-640-2667. You have rights. We have your back. Move forward—strategically, and with purpose.