An employee recently shared on Reddit that his boss called him “ugly” during a meeting in front of colleagues. The comment left him humiliated, contemplating quitting his job, and unsure how to respond.
When an Insult Becomes Harassment
Under Ontario’s Occupational Health and Safety Act (“OHSA”), workplace harassment includes “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”.
A “course of conduct” usually requires that the behaviour generally must be repeated or systemic rather than isolated. However, there are circumstances where a single act may be considered harassment if it has a harmful effect.[1]
Employers in Ontario must:
- legally investigate all reports of harassment
- take corrective action, and
- inform the employee of the outcome of the investigation and of the steps that were taken to address the complaint.
If the employer fails to act appropriately, the employee may file a complaint with the Ministry of Labour or consider other legal remedies.
Can One Insult Amount to Constructive Dismissal?
Constructive dismissal can occur when an employer’s behaviour makes the work environment so intolerable that a reasonable employee would feel forced to resign.
The courts have made clear that:
- Not every offensive comment or incident will amount to creating a “poisoned” work environment.
- A single remark is usually not enough to constitute constructive dismissal unless it is extreme, abusive, or fundamentally destroys trust.
- A workplace becomes poisoned only where serious wrongful behaviour is shown.[2]
- Conduct that meets this threshold would make the environment objectively intolerable.
Except for the most egregious, stand-alone incidents, there generally must be a pattern of repeated mistreatment before a court is likely to find that the employer has effectively breached the employment relationship.
In other words, while a single insult may constitute workplace harassment requiring investigation and corrective action, it generally would not, on its own, amount to constructive dismissal, unless it can be shown that the conduct is so extreme that it destroys the foundation of mutual trust and respect between the employer and the employee.
Practical Steps for Employees
Employees are often, and understandably, hesitant to report incidents like this in fear of escalating a situation at a job they rely on financially. However, if your boss insults or humiliates you in the workplace there are two important steps you should take:
- Document everything about the incident – including what was said, by whom, when and where the incident happened, and who witnessed it.
- Seek legal advice, especially if you are unsure about filing a complaint or taking other action.
Conclusion
No employee should be humiliated in the workplace. Employers have a duty to ensure a safe working environment free of harassment. Determining if behaviour in the workplace amounts to constructive dismissal or warrants a complaint is a nuanced and fact-specific analysis.
If you are unsure whether your situation amounts to harassment or constructive dismissal, it is always a good idea to speak with an experienced employment lawyer to help you understand your options and choose the best path forward. Reach out to Whitten and Lublin today online or by phone: (647) 556-0535 if you have questions.
Frequently Asked Questions (FAQ)
- Is it workplace harassment if my boss insults my appearance in Ontario?
Potentially yes. Under Ontario’s OHSA, harassment includes comments that are unwelcome and harmful. While harassment usually involves repeated behaviour, a single serious insult can still qualify as harassment if it has a harmful effect or creates a hostile environment. It must be investigated by the employer.
- Can a single comment from a boss be considered harassment under OHSA?
Yes. Although harassment is often a “course of conduct,” one incident may still amount to harassment if it is serious and clearly unwelcome. An employer must still investigate and take corrective action.
- When does rude behaviour at work become constructive dismissal in Ontario?
Rude behaviour alone does not usually meet the threshold for constructive dismissal. Courts reserve constructive dismissal for situations where the workplace becomes objectively intolerable, usually due to repeated mistreatment or very serious, extreme behaviour. A single insult, even if inappropriate generally will not amount to constructive dismissal unless it is so severe that it destroys trust between employee and employer.
- What should I do if my boss humiliates me in front of coworkers?
Two immediate steps are recommended:
- Document the incident: what was said, who said it, when, where, and who witnessed it.
- Seek legal advice: especially if you’re unsure about filing a complaint or worried about retaliation.
Your employer is legally required to investigate harassment complaints.
- Can I quit my job if my boss called me names. Do I have a legal claim?
You can quit your job, but it may not be the best course of action. A single insult is unlikely to justify a constructive dismissal claim unless the behaviour is extremely severe. However, the comment may still constitute workplace harassment, triggering the employer’s duty to investigate. Speak with an employment lawyer before resigning, to understand your options.
- Does my employer have to investigate if I report a verbal insult?
Yes. Ontario law requires employers to investigate every report of workplace harassment, including verbal insults, and to inform the employee of the outcome and corrective steps taken.
- What evidence do I need to prove workplace harassment in Ontario?
Helpful documentation includes:
- What was said or done,
- Who said it,
- Date, time, and location,
- Names of witnesses,
- Any follow-up conversations or actions.
Accurate notes help support a complaint and ensure the employer’s investigation is thorough.
[1] Toronto Transit Commission v Amalgamated Transit Union (Stina Grievance), 2004 OLAA No 565 at para 249.
[2] General Motors of Canada Ltd v Johnson, 2013 ONCA 502 at para 66.
Author – Marilou
