From Case To Practice: Applying Factual Findings To The Statutory Threshold For Workplace Harassment

In the last edition of From Case to Practice, we discussed a recent decision by Arbitrator Hart which looked in-depth at the proper approach to making policy decisions in workplace investigations (Part 1). In that same case, Arbitrator Hart also considered whether the behaviour in question was “workplace harassment” as defined in the Ontario Occupational Health and Safety Act (“OHSA”).

In Part 2, we examine Arbitrator Hart’s analysis of what constitutes “workplace harassment.” We will also look at an interesting way the investigation report was used to streamline subsequent legal proceedings.

The Case¹

You may remember from Part 1 that this case involved two employees working for a union (the Canadian Office and Professional Employees Union – “COPE”) who alleged that the Executive Director (the “Respondent”) bullied and psychologically harassed them. The employees’ own union (The International Association of Machinists and Aerospace Workers, Local Lodge 1922 – the “Union”) filed