Stepstotakeifyouexperience workplaceharassmentinToronto
If experiencing workplace harassment in Toronto, it is crucial to address and protect yourself. Some possible stepsinclude resolving theissue with theperson harassingyou or speaking toyour company’shuman resources department. Youcan file acomplaintwiththeHuman RightsCommission(OHRC) or theCanadianHuman Rights Commission.Incasesofsevereharassment,considerseekinghelpfromanemploymentattorney.
WhatToDoIfExperiencingWorkplaceHarassment
If you are beingharassed at work, don’tsuffer in silence. You can takestepstoaddressthesituation andprotect yourself from further harm. First, try to resolve the issue with the person who is harassing you. If that is impossibleordoesnotwork,youcantalktoasupervisororyourcompany’shumanresourcesdepartment.
It is also important to keep a record of the incidents of harassment. This can include keeping a journal, saving emailsorother communications, andtakingscreenshots. Thisdocumentation can behelpfulifyoudecideto file acomplaintwiththeOntarioHumanRightsCommissionortakelegalaction.
Workplaceharassmentbasedonaprotectedground
Thereareseveralwaysthatworkplaceharassmentcanmanifest,butoneofthemostcommoniswhenitisbased on a protected ground. Protected grounds are defined by the Ontario Human Rights Code and include race, gender, or disability. If you are a victim of workplace harassment based on one of these protected grounds, you cantakeafewstepstoseekjustice.
Firstly, document everything that has happened. This means keeping a record of offensive comments or behaviours directed towards you and any witnesses who may have seen or heard what happened. This will be crucialevidenceifyoufileacomplaintwithyouremployerorthepolice.
If you feel comfortable doing so, you should speak to the person responsible for the harassment and tell them that their behaviour is unacceptable. If the harassment does not stop after speaking to the individual responsible,contactyouremployer.Youremployerisrequiredbylawtoinvestigateanycomplaintsofworkplace harassmentandtakeappropriatedisciplinaryactionifnecessary.
You can also file a complaint with the Human Right Tribunal of Ontario (HRTO). The HRTO allows parties to use mediation to resolve disagreements; nevertheless, a hearing will be scheduled if mediation is unsuccessful. The Tribunalcangrantpunitivedamagesforlossofdignityorquantitativelosseslikelostearnings.
FederallyRegulatedEmployeesExperiencingHarassment
If you are a federally regulated employee who is experiencing harassment, Workplace Harassment and Violence Prevention Regulations could protect you. These regulations mandate that companies carry out workplace evaluations for risks of harassment and violence, establish emergency protocols and preventative plans, and provideallstaffmemberswithtrainingonharassmentandviolenceprevention.
To accept employee accusations of workplace harassment or violence, the company should have a “designated recipient” who is not a manager. This can alleviate employees’ anxieties of retaliation or unfavourable treatment,particularlyiftheirsupervisoristheharasser.
There is a settlement process between the employer and the employee after they report their issue to the authorized recipient. The company is required to have support measures in place. Throughout the process, the parties’identitiesmuststaysecret.
ProvinciallyRegulatedEmployeesExperiencingHarassment
In Toronto, workplace harassment provisions are unavailable for provincially regulated employees, unlike federally regulated employees. However, you could resolve the issue with your supervisor or another managementmember. Per provincialhealth and safety legislation,your employer isrequired to investigateand resolve the disagreement. If that does not work, you can file a complaint with the Joint Health and Safety CommitteeortheMinistryofLabour.
WhenSevereHarassmentLeadsToConstructiveDismissal
If you are experiencing severe harassment at work, it may lead to what is known as constructive dismissal. This is when the working environment becomes so intolerable that you have no choice but to resign. Severe harassment could include alteration to your job duties, working conditions, or pay, and extreme harassment thatpoisonstheworkplace.
You want to document everything that has happened by keeping records of any incidents, including dates, times, and witnesses. You could also consult with an experienced employment lawyer in Toronto. Your lawyer couldadviseyouonyouroptionsandhelpyoubuildacaseifnecessary.
When an employer sees a dismissal as constructive, you could be entitled to damages in the form of severance pay or termination compensation. Although it could be challenging to prove, constructive dismissals from harassment canbeapotenttoolforworkerswhohaveenduredseriousworkplaceharassment.
You must demonstrate that the employer’s actions would have made it unacceptable for a reasonable person in their position to continue working there. Usually, a history of harassing behaviour is necessary, but if the harassmentissevere,itcouldbesufficient.
Workplace harassment is a serious issue that must be addressed. It can devastate the victims, including physical and mental health issues and financial repercussions. This article has provided useful guidance on addressing workplace harassment in Toronto if you experience it. Your safety and well-being are paramount, so don’t hesitate toseekalawyer’shelp.