Workplace Harassment in Ontario: Your Legal Rights and Options

No one should have to endure harassment at work. Ontario law provides multiple avenues for employees who are being harassed — but knowing which one to use, and how, can be confusing. Whether you are dealing with bullying by a manager, sexual harassment, or a poisoned work environment, understanding your legal options is the first step toward making it stop.

What Counts as Workplace Harassment?

Under Ontario's Occupational Health and Safety Act (OHSA), workplace harassment is defined as engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. This includes bullying, intimidation, humiliation, threats, and persistent unwanted behaviour. Workplace sexual harassment includes sexual solicitation, unwelcome sexual advances, or a reprisal for rejecting such advances. A single serious incident can constitute harassment.

Your Employer's Obligations

Ontario employers are required by law to have a workplace harassment policy and program, to investigate complaints of harassment, and to inform the complainant and the respondent of the results of the investigation. If your employer fails to investigate or takes inadequate action, they may be in violation of the OHSA. You can file a complaint with the Ministry of Labour if your employer is not meeting these obligations.

Human Rights Complaints

If the harassment is connected to a protected ground under the Ontario Human Rights Code — such as race, sex, disability, sexual orientation, or religion — you may also have the option of filing an application with the Human Rights Tribunal of Ontario. The HRTO can award compensation for injury to dignity, lost wages, and other remedies. The limitation period is one year from the last incident of harassment.

Constructive Dismissal Claims

If workplace harassment is so severe that it makes your working conditions intolerable, you may have a claim for constructive dismissal. This means the employer's conduct — or failure to address the harassment — effectively forced you to resign. Constructive dismissal entitles you to the same remedies as a wrongful dismissal, including damages for reasonable notice. However, you should get legal advice before resigning, as the law in this area is complex.

How Ken Wise & Associates Can Help

We advise employees who are experiencing workplace harassment on their options and the best strategy for their situation. Whether that means pursuing an internal complaint, filing with the Ministry of Labour, bringing an HRTO application, or pursuing a constructive dismissal claim, we can guide you through the process. Contact us for a confidential consultation.