Blog - Harassment and Bullying
Looking to stay up to date on the latest news and information regarding employment law and how it impacts your workplace situation. Use our information centre to find informative blogs, media commentary, Globe and Mail articles and other helpful resources to ensure you understand your workplace rights.
If the behaviour of another at work has made it impossible for you to remain working in that environment, you may be a victim of workplace harassment and bullying. Workplace harassment and bullying can take on many forms of behaviour such as violence, intimidation, threats – verbal or written, offensive or inappropriate jokes, inappropriate teasing, inappropriate touching, offensive gestures, insults, public shaming/embarrassment.
Fighting Sexual Harassment and Discrimination in Law
Why is Addressing Sexual Harassment and Discrimination Crucial in the Legal Field? The legal world, which is supposed to be…
Read More
What to Do While Facing Workplace Harassment?
What Constitutes Workplace Harassment? News broke recently that a former strength and conditioning coach for the Toronto Argonauts is suing…
Read More
Sexual Harassment in Workplace: Rights, Obligations, & Legal Guidance
What constitutes sexual harassment in the workplace? Sexual harassment in the workplace is a significant issue and one that, unfortunately,…
Read More
Workplace Harassment Challenges: Canada Embraces ILO Convention 190
How does Canada’s adoption of Convention 190 address workplace harassment? As Canada embraces the International Labour Organization’s Convention 190 (C190)…
Read More
Deciphering Just Cause: Insights from a Landmark Case
What constitutes “just cause” in employment law? Just cause is widely known as the “capital punishment” of employment law, and…
Read More
Defamation Alert: Ontario Court Awards $4.7 Million Judgment Against Internet Troll
What was the recent decision by the Ontario Superior Court regarding online defamation? In a recent decision by the Ontario…
Read More
Workplace Harassment Persists Despite Laws in Place to Protect Employees
What does the recent Statistics Canada survey reveal about workplace harassment and sexual harassment in Canada? A recent Statistics Canada survey sheds…
Read More
When Does Rudeness Become Workplace Harassment?
What Duties Do Employers Have Regarding Workplace Harassment? There can be a thin line between simple rudeness at the workplace…
Read More
Sexual Harassment: Employer Challenges Claim of Worker
Is Just Cause the “Capital Punishment” of Employment Law? Just cause is widely known as the “capital punishment” of employment…
Read More
Office Christmas Party – Your Employer’s Obligations
The holiday season is a time for celebration, and many workplaces organize office Christmas party for their employees to lighten…
Read More
Ontario’s Stand Against NDAs in Workplace Harassment
Ontario is taking a significant step toward addressing workplace sexual harassment, misconduct, and violence by considering the prohibition of non-disclosure…
Read More
Ontario’s Harassment and Discrimination Laws
A news story recently circulated from Kansas in the United States, where a Chipotle restaurant manager was sued for harassment…
Read More
Discrimination Unveiled: Social Media’s Dark Side
What Role Do Social Media Platforms Play in Today’s Society? Social media platforms form the bedrock of today’s society. They…
Read More
Mike Babcock Resigns: Blue Jackets’ Coaching Shake-Up
Why Mike Babcock Resigns: The Sudden End to His Coaching Stint Mike Babcock’s tenure as head coach of the Columbus…
Read More
Workplace Harassment: The Importance of a Proper Investigation
What are an employer’s duties when investigating complaints of workplace harassment under the Ontario Health and Safety Act? Under section…
Read More
Sexual Harassment: A Pervasive Workplace Phenomenon
Why is reporting incidents of sexual harassment in the workplace rare? Sexual harassment unfortunately continues to ravage the workplace into…
Read More
Workplace Harassment: Unveiling Investigations Gone Wrong
What are the duties of employers under Ontario’s Occupational Health and Safety Act regarding workplace harassment complaints? Ontario’s Occupational Health…
Read More
Canada’s International Treaty: Prevents Workplace Harassment & Violence
Canadian employers should be looking at their workplace harassment and violence policies following a recent international treaty. The Canadian Federal…
Read More
Are Workplace Relationships Illegal?
Toronto Mayor John Tory has resigned due to a workplace relationship with a former member of his staff. This has…
Read More
Workplace Discrimination – Ontario Transgender Teacher Sparks Controversy by Wearing Prosthetic Breasts in Class
Media outlets have been circulating a recent video clip from an Ontario high school of an Ontario transgender teacher wearing…
Read More
Case for Terminating Workers Who Engage in Sexual Harassment is Stronger Than Ever
Special to The Globe and Mail The case for terminating workers who engage in sexual harassment is stronger than ever.…
Read More
Employment Lawyers for Workplace Disputes
Workplace disputes are often an inevitable event for most workplaces. When these issues arise, employers must ensure that they respond…
Read More
OHL Vaccination Policy – Mandatory Vaccination Policies of OHL and NFL
The Ontario Hockey League (“OHL”) has recently released its COVID-19 vaccination policy, which requires all OHL Community Members to be…
Read More
Vaccination Policies at Work: Can You be Fired for Refusing a COVID-19 Vaccine?
Employers’ duty to maintain workplace safety with vaccination policies in place Employers have a duty to provide a safe workplace…
Read More
Governor General Julie Payette’s Resignation
Governor General Julie Payette announced on Thursday that she would be stepping down following reports of workplace harassment within the…
Read More
Child Care During COVID-19: Workplace Laws For Parents
Daniel Lublin, Special to The Globe and Mail Child care during COVID-19 can be a delicate balancing act for working…
Read More
COVID-19 Vaccination: If We Eventually Find a Vaccine For COVID-19, Can My Employer Force Me To Get It?
Daniel Lublin, Partner at Whitten & Lublin Employment lawyers, talked to The Globe and Mail about the requirement of COVID-19…
Read More
New Workplace Harassment and Violence Prevention Policy for Federally Regulated Employers
On June 24, 2020, the federal government announced that the Workplace Harassment and Violence Prevention Regulations will come into effect…
Read More
Employment Rights During the Coronavirus Outbreak
Understand your employment rights during the Coronavirus outbreak. Employment Lawyer, Daniel Lublin, talks with CP24. Canada’s Finance Minister Bill Morneau…
Read More
Your Work Rights Amid COVID-19 Concerns
COVID-19 concerns are rising around the world, and companies in Canada are now reviewing policies around employee travel and when…
Read More
Coronavirus Outbreak at Work: What The Workplace Needs to Know
Coronavirus Outbreak at Work SPECIAL TO THE GLOBE AND MAIL What are the rights and obligations of Canadian employers and…
Read More
Discriminated Against at The Workplace Due to Coronavirus?
There have been reports of people being discriminated against at the workplace due to Coronavirus along with Xenophobia (dislike of…
Read More
Racism & Discrimination Spreading With The Fear of Coronavirus
The World Health Organization has declared a global emergency for the spread of the Coronavirus from Wuhan, China and the…
Read More
I Got Demoted at Work After Taking a Short Vacation. What Can I Do?
SPECIAL TO THE GLOBE AND MAIL THE QUESTION I went on vacation for two weeks to get married and came…
Read More
Holiday Party Liability
“It’s the most wonderful time of the year!” [cue sappy music]. The holiday season is upon us and so is…
Read More
Office Relationships: Recognizing Severity and Appropriate Responses
Office relationships are far from uncommon, however, with the rise of #metoo and the scrutiny this has placed on workplace…
Read More
Criminal Records: Can my past come back to haunt me when looking for a new job?
In order to determine whether a past action can be detrimental to future employment opportunities, one must ask: was the…
Read More
Privacy and work – What Can and Can’t Your Employer Ask About You?
An employee has an expectation of privacy, but all this is within reasonable limits. What an employer is entitled to…
Read More
#MeToo in the Workplace – Options to Fight Against Sexual Harassment
The #MeToo movement has attracted considerable attention to sexual harassment in the workplace, especially the power dynamics inherent when a…
Read More
Requesting Proof for Personal Emergency Leave from an Employee
Under the Employment Standards Act (ESA), employees are entitled to 10 personal emergency leave (PEL) days per year (the first…
Read More
Health and Safety in the Workplace: Heat-related Illness
During the summer months, it is important that workers required to work outside or in confined spaces with poor ventilation…
Read More
Separating Misconduct from Discriminatory Grounds of Illness/Disability
Human Rights law protects individuals in a workplace setting from being discriminated against on the basis of illness/disability. This applies…
Read More
Are Domestic Workers Hired by Householders Employees?
Domestic workers are individuals hired in a private household by householders to assist and/or supervise individuals such as children, elderly,…
Read More
Refusal of Unsafe Work: An Abusive Supervisor
Under health and safety legislation, employees have the right to refuse unsafe work. Unsafe work includes many aspects of the…
Read More
Manner of Dismissal Matters: A Case of Sexual Harassment
The manner of dismissal may lead to significantly more costs in damages in any event, and, in particular as will…
Read More
Workplace Harassment and Intentional Infliction of Nervous Shock Damages
When claiming the tort of intentional infliction of nervous shock against an individual, it must be proven that the act…
Read More
Frustration of Contract and Long Term Disability Benefits
Employers should be familiar with the concept of frustrated contracts in employment law. Frustration considers what the parties (employer and…
Read More
Serving Alcohol At Workplace Events: Employer Liabilities
It is not uncommon for employers to sponsor or hold workplace events with alcohol being served. An example may be…
Read More
I am being bullied at work by my boss. What do I do?
Question: I am being bullied at work by my boss. What do I do? She yells at me daily. She…
Read More
What is Ethnic Discrimination in the Workplace?
Ethnic discrimination occurs when an employee is treated different than his or her colleagues based on their ethnicity in a…
Read More
Can attending a white supremacist rally be grounds for dismissal?
After several attendees of last month’s white nationalist rally in Charlottesville, Va., were outed on social media and then quickly…
Read More
When is Domestic Violence an Issue of Workplace Health and Safety
It may not be well known, but there are instances where domestic violence is an issue of workplace health and…
Read More
Sexual Harassment After Work Hours – Can a Manager be Disciplined?
It may be commonly perceived that unacceptable conduct in relation to the workplace only extends as far as the physical…
Read More
Important Information for Conducting Criminal Background Checks for Condition of an Employment Offer
Employers must treat criminal record checks similarly to other protected grounds of discrimination such as race, religion and so forth.…
Read More
At what point is the duty to accommodate no longer necessary for an employer under human rights law?
Under human rights law, an employer must accommodate an employee if a workplace policy or job requirement effectively discriminates against…
Read More
I felt forced to resign as a result of an illness or disability – what are my entitlements?
Disability and Human Rights Law in the Workplace: Employees have the right to be free from discrimination on the basis…
Read More
Medical Marijuana Use in a Safety Sensitive Workplace: Can an Employer Deny an Employee Use?
Medical marijuana may be prescribed for several medical reasons. Under human rights law in Ontario, workers have a right not…
Read More
Employee Medicinal Marijuana Use and Workplace Policy: What Are the Implications?
If an employer has a workplace policy that restricts or prohibits the use of medicinal marijuana this could in effect…
Read More
What age discrimination looks like in the workplace
“We do not want to invest in someone who will retire so soon.” “Perhaps you would benefit from working with…
Read More
5 Things That Make For a Hostile Work Environment
A hostile work environment is created when an employer or colleague behaves in such a way that it is difficult…
Read More
Holiday Party & Corporate Liability
A staff holiday party is a great way of celebrating the holiday season. It can also be an effective way…
Read More
What to do about Bullying in the Workplace
Bullying was unacceptable when you were a kid on the playground. It is no different that you are adult in…
Read More
Important Internship Laws for Employers and Interns
In 2014, Ontario’s Ministry of Labour conducted an inspection blitz in connection with unpaid internships. Of the 56 companies investigated,…
Read More
Know Your Religious Rights in the Workplace
Employees have a right to be free from discrimination in the workplace that is based on their religious rights. Discrimination…
Read More
Bias in the Workplace
Bias in the workplace is often problematic but it is not on its own illegal. For example, it is not…
Read More
Recognizing Signs of Discrimination in the Workplace
The most common form of discrimination in the workplace is not immediately obvious and you may not even realize that…
Read More
What You Need To Know About Medical Marijuana in the Workplace
Many people are prescribed marijuana to cope with health conditions, such as chronic pain, cancer, and sleeping disorders. As the…
Read More
The Rise of Age Discrimination Lawsuits and Their Effect on Employers & Employees
Age discrimination is where an employee is treated differently, or unequally, in the workplace on the basis of his or…
Read More
Equal opportunity employment
Equal opportunity employment is important and is in line with the employment equity goals of the Charter of Rights and…
Read More
Can an Employer Terminate an Employee Who is Ill?
Question: I was fired through email, while undergoing cancer treatment! I believe I was let go because I had to…
Read More
Q&A: Do you have the right to a harassment-free work environment?
QUESTION I have decided that my experience with my boss is in fact harassment and bullying. My performance is over…
Read More
Q&A: Workplace Harassment
I have been harassed by three of my co-workers in my workplace for one year. The harassment has come to…
Read More
Changes to the Human Rights Code and its impact
In light of the 2008 changes to the Human Rights Code (Code), it is possible for an employee to file…
Read More
Addictions in the workplace- can I fire my alcoholic employee?
The workplace environment brings a number of people together under one roof which may include employees with addictions. There are…
Read More
Should I tell prospective employers about my disability?
Disability is a factor that can affect your job search efforts. For instance, there are disabilities classified as “invisible” disabilities…
Read More
Are Unpaid Internships Legal?
Unpaid internships can be deemed as sketchy, even illegal in some cases. That’s why Bank of Canada Governor, Stephen Poloz’s…
Read More
Harassment complaints against MP’s
Recently, the House Board of Internal Economy implemented a new process to deal with harassment complaints from Members of Parliament…
Read More
Termination following operation is legal?
Termination of employment following sick leave can result in a discrimination claim. People in general are entitled to address their…
Read More
Bullied employee-wanting to resign?
Too often we hear about bullied employee who is mistreated to such an extent that he/she feels the only recourse…
Read More
Employer’s legal obligation to manage domestic violence at work
Domestic violence can begin in the home, but it can navigate its way to the workplace and employers have a…
Read More
The ‘genius’ class action lawsuit by the Canadian Hockey League
The lawsuit filed last week by the junior hockey players against the Canadian Hockey League (CHL) has been classified by…
Read More
Employment and accomodation for your injury
No one can decide the best timing for an injury. When your employment and employment duties become affected by your…
Read More
Your employment rights regarding mental illness therapy
An employer-employee relationship can be impacted as a result of mental illnesses. Depending on the diagnosis, these illnesses sometimes require…
Read More
Dealing with unpleasant issues in the workplace
In almost every workplace you will find employees with different backgrounds, habits and styles that can be distracting or annoying,…
Read More
More tips for lawsuit-free corporate holiday party
Kate MacNamara, CBC’s Business Columnist, shared Daniel Lublin’s tips for lawsuit-free corporate holiday parties during radio interviews across the country.…
Read More
Bill 127 – Expanding the Code to Add Genetic Protection
The Addition of Genetic Characteristics Bill 127, a private member’s bill, is currently before the Legislative Assembly of Ontario, and,…
Read More
The City of Windsor: Terminating an Employee with a History of Unacceptable Conduct
The City of Windsor was Justified In another example of adjudicators becoming decreasingly tolerant of threats of violence in the…
Read More
Gender Discrimination Claims
Gender Discrimination Claims in the Bank of America Last Friday, Bank of America agreed to a settlement of an ongoing…
Read More
Employer Justified in Firing Disabled Employee over Poor Performance
Firing Disabled Employee After a Car Accident The Alberta Human Rights Commission recently upheld an employer’s decision to terminate a disabled…
Read More
Sports Bar Must Pay Damages After Firing Pregnant Waitress
The Human Rights Tribunal of Ontario An Ontario sports bar was recently ordered to pay nearly $20,000 in damages to…
Read More
Recruitment: Is Your Photo more Important than Your Résumé?
There are all sorts of dating websites out there that might shock you. Ones exclusively for millionaires, ones where people…
Read More
RCMP’s sexual harassment allegations
An RCMP spokesperson faces allegations of sexual harassment by former employee who has been on sick leave for 2 years,…
Read More
Your Options for Maternity Leave Complaints
When you decide to make a complaint against your employer for something that happened while on maternity leave or pregnant,…
Read More
Why office romance can be such a tricky business
Office romance can be a tricky business. Whether it’s because of human nature, bad timing or just bad luck, the…
Read More
What to do when violence erupts in the workplace
These days, violence in the workplace can be a significant liability for employers, in various ways. When Dan Gjema was…
Read More
I’ve been bullied, and now I’ve been fired. What do I do?
I have been ignoring the bullying that has happened to me for four-and-a-half years. It came to a halt when…
Read More
Is your boss just tough, or a bully?
Today, much of the Canadian work force believes they are being “bullied” or “harassed.” But despite statutory definitions and workplace…
Read More
I was sexually harassed at work and pushed out. Now what?
I recently walked off a job after being sexually harassed. It was reported to my employer and a proper investigation…
Read More
Pregnancy rights in the workplace
What does an employer need to keep in mind when dealing with an employee who announces her pregnancy? In the…
Read More
Pregnant and discriminated- what are your rights?
How do you recognize if you have been discriminated against while pregnant or on maternity leave? Have you been treated…
Read More
Get empowered with every newsletter.
141 Adelaide Street W, Suite #1100 Toronto, Ontario M5H 3L5
416-640-2667
Privacy Policy
Disclaimer: Past results are not indicative of future results. All cases are determined on the merits of each case.
© 2023 Copyright Whitten & Lublin PC All rights reserved
