Harassment/unions

Thank you. What if 1) the union I have been making union dues payments since June ( time first employed), as a seasonal employee, just "brushes off" my harassment claim, denies me any further union provided resources by saying that the company "followed the guidelines as provided by the ON ministry of labour on how to handle harassment/bullying complaints", regarding my complaint, but in my view the company neglected to address it, and or much less, to take any action against my harassers. And 2) What else can I do if the witnesses to my harassment were other seasonal employees who were students and are not working there anymore and or lead hands/supervisors? 3)How can I formally request the company with a copy of the paperwork of the company's "investigation"?


Asked 27 days ago in Ontario
Categories: Human Rights

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Caryma Sa'd

Answer by Caryma Sa'd

VerifiedOntario lawyer

Section 32.0.7(1) of the Occupational Health and Safety Act requires employers to ensure that workers who are allegedly harassed are informed in writing about the results of a workplace harassment investigation (including any corrective action that has been or will be taken due to the investigation). This information should also be provided to the alleged harasser in the workplace. 

An appropriate investigation into a workplace harassment incident generally needs to be timely, fair, and address all relevant issues. If there were witnesses to the incident who are no longer employees, the individual conducting the investigation should have made reasonable efforts to interview them if their identities were known, and if it was appropriate at the time. 

If you are dissatisfied with your employer's handling of your harassment claim, you could file an application with the Human Rights Tribunal of Ontario (if a prohibited ground of discrimination is involved) or you could seek to resolve your harassment claim through civil litigation, depending on your situation. 

Feel free to get in touch if you would like a consultation, or to discuss your legal options. You can call or text me at 647-360-7182. 

Yours very truly,

CARYMA SA'D
Lawyer & Notary Public 

Posted 27 days ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Caryma Sa'd, or search the Lawyer Directory.


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