Arbitrator Finds That Grievor's Subjective Perception Of Supervisor's Conduct Not Harassment

What is harassment?

Is it excluding employees from speaking at a meeting, criticizing for chewing gum and not saying good morning? Or does it include encouraging an employee to apply for another job, sharing anecdotes with an employee and valuing an employee's opinion?

Arbitrator Bendel M., in Fanshawe College of Applied Arts and Technology v Ontario Public Service Employees Union, answers the above questions. The Arbitrator affirms modified subjective to be the standard for determining workplace harassment. Reasonable conduct will not lead to a finding of harassment.

This case serves as a reminder that an employee who complains about behaviour that is within the realm of reasonable conduct will be unable to make a claim of harassment; regardless of the effect that behaviour might have had on the employee.