One Shouting Match, "Stupid Proby" Comment, Likely Not Harassment Under OHSA: OLRB

The Ontario Labour Relations Board, in a preliminary decision in a case, has held that one shouting match between a probationary employee and a co-worker in which the probationary employee alleged that the co-worker called him a "stupid f[***] proby", was likely not workplace harassment under the Ontario Occupational Health and Safety Act. The employer later dismissed the employee, and the employee alleged that his dismissal was a reprisal under the OHSA for raising concerns about workplace harassment.

The probationary employee described the incident as follows (the stars in square brackets are mine):

"- March 28^th approx 8:00 pm confronted by Brian W. at my workstation

• [Brian] told me I was doing things "wrong" and am "unorganized" and I was "losing time"