Harassment In The Workplace: Limitations On An Employer's Responsibilities

Article by Lyndsay A. Wasser and Heather Burke, Student-at-Law

The recent introduction of requirements for policies and procedures relating to harassment and workplace violence in Ontario's Occupational Health and Safety Act ("OHSA") has increased the regulatory workload on employers. However, a recent decision by the Ontario Labour Relations Board (the "Board") appears to limit to some extent the scope of an employer's added responsibilities.

In K. Annette Harper v Ludlow Technical Products Canada Ltd., an employee alleged that she was harassed at her workplace by co-workers who had circulated a petition regarding her activities in relation to a product safety issue. She complained to her employer, and then notified the Board that her employer had allegedly failed to investigate her concerns or comply with company procedure for the investigation of harassment complaints. The employee also claimed that, after filing a complaint with the Board, her employer had