Workplace Harassment and Constructive Dismissal: Your Rights in Ontario

Introduction

The workplace should be a safe and respectful environment for all employees. However, if you find yourself facing harassment at work, it can be an incredibly distressing and challenging experience. In the province of Ontario, the law recognizes that workplace harassment can have serious consequences for employees, including the potential for constructive dismissal. In this comprehensive blog, we'll explore workplace harassment from an employee's perspective, shedding light on your rights and protections under Ontario law.

Understanding Constructive Dismissal

Constructive dismissal occurs when an employer makes substantial and unilateral changes to an employee's employment contract, rendering the working conditions intolerable. These changes must be significant enough to breach the terms of the employment contract. When it comes to workplace harassment, it can indeed constitute constructive dismissal if certain conditions are met.

Recognizing Workplace Harassment

Before delving into whether workplace harassment can lead to constructive dismissal, it's crucial to understand what constitutes harassment in the workplace. Workplace harassment in Ontario is defined as engaging in a course of vexatious comment or conduct against an employee in a workplace that is known or ought reasonably to be known to be unwelcome.

Types of workplace harassment can include:

Verbal Harassment: Insults, offensive jokes, slurs, or offensive comments directed at an employee.

Psychological Harassment: Constant belittling, intimidation, or threats that create a hostile work environment.

Sexual Harassment: Unwanted sexual advances, comments, or behavior that create discomfort or fear.

Cyberbullying: Harassment through electronic means, such as email, social media, or text messages.

Discriminatory Harassment: Harassment based on factors such as race, gender, age, religion, or disability.

Harassment as Constructive Dismissal

In Ontario, if you are subjected to workplace harassment and it becomes so severe that it effectively forces you to resign, it may be considered constructive dismissal. Here are key considerations:

Severity and Persistence:

For workplace harassment to constitute constructive dismissal, it must be severe, persistent, and pervasive, making your working conditions intolerable.

Employer Responsibility:

Employers in Ontario have a legal obligation to provide a harassment-free workplace. If they fail to address harassment complaints or are complicit in the harassment, it strengthens your case for constructive dismissal.

Documentation:

It is crucial to document instances of harassment, including dates, times, locations, witnesses, and any communication related to the harassment. This evidence can be invaluable in supporting your claim.

Reporting:

If you experience workplace harassment, it's essential to report it to your employer's HR department or designated individual. Follow your company's internal harassment policy, if available.

Consultation:

If the harassment continues despite reporting it, consult with an experienced employment lawyer. They can guide you through the legal process and help you assess whether you have a valid claim for constructive dismissal.

Remedies and Protections

If you successfully establish constructive dismissal due to workplace harassment, you may be entitled to remedies, including:

Severance Pay: You may be eligible for severance pay based on your years of service and the terms of your employment contract.

Back Pay: Compensation for the period between your constructive dismissal and the resolution of your case.

Damages: Additional damages may be awarded if the harassment led to emotional distress or other adverse consequences.

Reinstatement: In some cases, you may request reinstatement to your previous position or a similar role.

Conclusion

Workplace harassment is not something anyone should have to endure. If you believe you are experiencing harassment at work, it's crucial to know your rights and protections under Ontario law. Harassment can indeed constitute constructive dismissal if it forces you to resign due to intolerable working conditions.

Randy Ai Law Office in Toronto offers free legal consultations and can provide you with the guidance and support you need to address workplace harassment and explore potential remedies. Your well-being and dignity in the workplace are paramount, and understanding your rights is a crucial step toward seeking justice and resolution.