In compact and high‑pressure workplaces like fast-food kitchens, retail aisles, or assembly lines, close physical proximity can inadvertently lead to uncomfortable or harassing interactions. The recent decision in Saforo v Subway (Fort McMurray), 2025 AHRC 55 underscores this issue. In this matter before the Alberta Human Rights Commission, an employee alleged that she was groped, bumped and touched by co-workers on a daily basis, and that her complaints ultimately led to her termination. The Commission found that there was physical contact amongst the employees due to the nature of the workspace, the evidence did not support that the contact was intentional, and that it did not meet the legal definition of harassment under the Alberta Human Rights Act.
While the Commission dismissed the claim, employers should consider the following strategies to limit these types of claims.
- Contextualized Training on Appropriate Physical Conduct
Employees must understand what constitutes acceptable workplace behaviour, not just legally, but practically. Training should include:
- Scenario-based guidance: Illustrate acceptable conduct in real-world contexts, like navigating narrow workstations or tight customer spaces.
- Emphasis on verbal signals: Teach staff to communicate boundaries clearly (“Excuse me,” “Coming through”) and sensitively.
- Repeating and reinforcing the message: Training should cover sexual and non-sexual harassment, emphasizing its unacceptability even when contact is unintentional.
- Thoughtful Workplace Design and Flow
Spatial design plays a significant role in reducing accidental contact:
- Audit physical layouts to identify pinch points where employees or customers intersect.
- Adjust workstation arrangements to improve flow such repositioning counters, widening aisles, or adding safety markers.
- Accept physical limitations but explore feasible adaptations. Even minor changes, like rearranging equipment, can foster respectful distance and streamline operations.
These adjustments not only minimize unintentional contact but can also improve workplace efficiency and safety and provide a multifaceted return on investment.
- Clear, Updated Harassment Policies and Reporting Procedures
Robust policies establish expectations and appropriate behaviours:
- Define harassment clearly, covering a range of conduct, both intentional and unintentional.
- Outline reporting channels that allow complaints to go directly to HR or anonymous hotlines.
- Ensure procedural fairness: investigations should be timely, confidential, and impartial.
- Clarify consequences for confirmed harassment to reinforce organizational commitment.
- Active Investigation and Response
How employers respond to complaints is critical:
- Take all complaints seriously: the dignity and credibility of the complainant must be protected.
- Investigate thoroughly: collect statements, review footage or logs if available, and maintain neutrality.
- Treat unintentional contact as significant, especially if repeated or unwelcome. Impact matters more than intent hrreporter.com.
- Act on findings: impose appropriate corrective measures (coaching, policy refreshers, re-design), and communicate outcomes to relevant parties.
By combining practical training, considered workspace design, clear policy frameworks, and genuine responsiveness, Canadian employers can foster respect, even in the tightest environments. This not only safeguards against claims but also builds a healthier, more engaged workplace.
In doing so, employers not only comply with legal obligations but also cultivate a culture where every employee feels valued, safe, and supported, ensuring respect is woven into every elbow bump and corridor interaction.
If you or your business need assistance regarding human rights claims or organizational training regarding workplace harassment, an experienced employment lawyer can assist with any questions your organization may have. If you have any questions regarding these workplace issues, please contact Whitten & Lublin online or by phone at (416) 640 2667 today.
Author – Jordan Cantor
