Employees are entitled to work in a respectful environment, free from harassment and discrimination. In circumstances where the work environment deteriorates to such an extent that it may be considered “poisonous” or “toxic”, a court will likely find that the employer’s behaviour in creating and/or condoning this environment amounted to a constructive dismissal of the affected employee.
Since allegations related to Hollywood producer Harvey Weinstein first became public, the #metoo movement has provided a catalyst for society to confront its handling of sexual harassment. Just this week, the latest public figure to be embroiled in such allegations is Steve Paikin, a prominent journalist employed by the provincially-funded broadcaster TVOntario (“TVO”).
In a recent decision from Windsor, the Human Rights Tribunal of Ontario ordered an employer to pay almost $60,000 in damages for the way in which a female employee was repeatedly harassed, insulted and humiliated by senior management.
All Ontario employers have a duty to protect employees from workplace harassment. These protections are set out in the Occupational Health and Safety Act (“OHSA”).
As December arrives, our minds turn to the holidays: turkey, eggnog, and a long-lived tradition — the office christmas party.
The office christmas party is a time for colleagues to relax a little and celebrate the coming season, and an opportunity for management to show their staff appreciation for another year of hard work.
