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ARTICLE · 18 AUGUST 2017

Broader Workplace Harassment Claims: Is Canada Becoming More Litigious?

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Can a Canadian employee sue an employer for harassment which is unrelated to a discrimination claim? The answer used to be no; but this is changing.

CanadaEmployment and HR
Shane Todd
Shane Todd
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Introduction

Can a Canadian employee sue an employer for harassment which is unrelated to a discrimination claim? The answer used to be no; but this is changing.

In most jurisdictions across Canada, an employee could:

  • sue or file a human rights application for harassment relating to unlawful discrimination;
  • file a complaint with the appropriate government agency about workplace harassment that violates health and safety or harassment laws; or
  • sue for constructive dismissal based on harassing conduct.

However, until recently, an employee could not usually sue an employer for harassment that was unrelated to another legal right or protection.

In Merrifield v Attorney General (2017 ONSC 1333) the Ontario Superior Court of Justice introduced a new, freestanding basis to sue for workplace harassment. Employers should take note.

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