Recent Ontario decision confirms employer investigations of workplace harassment cannot be based on ‘myths and stereotypes’
The recent Ontario Court of Appeal decision concerning five Metrolinx employees — who were fired, reinstated after an appeal, then let go again because of off-duty misconduct — is a reminder to employers that the duty to investigate extends beyond the borders of the workplace.
That duty also does not excl ude rumours or allegations without formal complaints, the decision made clear for the second time, emphasizing that an employer’s obligation to investigate harassment is triggered by knowledge of an incident, not by the filing of a formal complaint.
“The arbitrator’s focus on the absence of an official complaint by Ms. A. is based on a failure to recognize that there are many reasons why a victim of harassment might choose not to pursue an official complaint, none of which erase the harassing behaviour or the employer’s obligation to investigate it in order to protect the workplace from a hostile or demeaning environment,” the court’s decision stated.
“The arbitrator erred by concluding that Ms. A’s reluctance to pursue a complaint meant there was no harassment; this line of reasoning relies on rejected myths and stereotypes about how an employee in Ms. A’s situation would respond.”
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