Ontario court rules poor documentation breached duty of good faith
The Superior Court of Justice in Ontario recently dealt with a workplace harassment claim where a worker alleged mistreatment by his manager. He claimed he faced unfair criticism, exclusion from meetings, and reduced responsibilities after filing a formal complaint with human resources (HR).
The worker argued that his employer's failure to properly investigate his concerns and their refusal to grant his department transfer request created an intolerable work environment.
Eventually, he felt he had no choice but to resign, which formed the basis of his constructive dismissal claim.
The case centred on whether the employer's investigation process met legal standards and their own policies, highlighting the balance between addressing harassment complaints and maintaining proper documentation throughout workplace investigations.
The worker, a senior marketing specialist with seven years at the retail company, took legal action after resigning in January 2023. Court documents revealed he had received positive performance reviews until a new manager joined in March 2022.
Evidence showed the manager began excluding the worker from key meetings and criticised his work in emails to the entire team. In one instance, the manager described the worker's proposal as "amateur" and "embarrassingly inadequate" in a group message.
A junior marketing coordinator testified that the...
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