OLRB Agrees To Hear Complaints Related To Workplace Harassment Policies

Two recent cases at the Ontario Labour Relations Board (OLRB) may represent a new stance with respect to enforcing Bill 168 and the workplace harassment provisions under the Occupational Health and Safety Act (OHSA). The two decisions are Ljuboja v Aim Group Inc., and Abick v Ministry of Government Services (Ontario Government).  Prior to discussing these decisions, the previous stance of the OLRB, from Conforti v Investia Financial Services Inc., will be reviewed.

In Conforti v Investia Financial Services Inc. an employee was allegedly terminated after filing a harassment complaint. In response, the employee filed a S. 50 Reprisal complaint against the employer. The OLRB dismissed the complaint stating that the OHSA does not provide the Board jurisdiction to entertain this type of complaint. The recently added Bill 168 provisions require an employer to implement a workplace harassment policy and program. However, it does not provide specific rights to workers.