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ARTICLE · 16 JULY 2025

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Workplace Harassment: The Employer's Responsibility In The Modern World

McCague Borlack LLP
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In the recent decision Metrolinx v Amalgamated Transit Union, Local 1587 ("Metrolinx"), the Ontario Court of Appeal addressed workplace harassment in the digital age.

CanadaEmployment and HR
Howard Borlack
Howard Borlack
Kayen Francisco
Kayen Francisco
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In the recent decision Metrolinx v Amalgamated Transit Union, Local 1587 ("Metrolinx"), the Ontario Court of Appeal addressed workplace harassment in the digital age. In doing so, the court clarified the scope of the employer's statutory duty to investigate workplace harassment imposed by the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (the "OHSA"). While the courts rarely overturn awards granted by labour arbitrators, the court found the Arbitrator's award to be unreasonable after being subjected to judicial review.

Background: Quashing the Unreasonable Arbitration Award

In April 2021, five Metrolinx employees were terminated for sexual harassment after the company became aware of screenshots from the employees' private WhatsApp group chat. The screenshots were sent to a female Metrolinx employee who was targeted in the screenshot by comments suggesting she had performed sexual favours for her professional development.

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