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ARTICLE · 20 OCTOBER 2022

Unpacking The Meaning Of "Workplace Harassment"

Lerners LLP
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It has become standard in Ontario for human resources professionals to operate from the premise that when an allegation of harassment is made in the workplace, an independent investigation is required.

CanadaEmployment and HR
Yola S. Ventresca
Yola S. Ventresca
Debbie Boswell
Debbie Boswell
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It has become standard in Ontario for human resources professionals to operate from the premise that when an allegation of harassment is made in the workplace, an independent investigation is required. The Occupational Health and Safety Act ("OHSA") imposes obligations on employers when it comes to harassment, including the duty to ensure an appropriate investigation is conducted. An independent investigation is often the way employers satisfy their obligations under the OHSA.

As workplace harassment investigations become more and more common, it is important to reflect on what exactly workplace harassment means. The OHSA defines harassment as "engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome." Many workplaces have adopted this definition in their harassment policies.

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