A toxic work environment is created where there is discriminatory treatment in the workplace leading to intolerable working conditions.
For example, this may occur due to racism, ageism, harassment, and/or sexism in the workplace. Many times, the offending conduct, such as yelling or name-calling, must be persistent and repeated.
However, in some cases, where the conduct is so egregious, it may be sufficient to show that the workplace has been poisoned and the isolated included has tainted the entire workplace.
Every employee has the right to report a hostile work environment to his or her employer without any punishment. Where the employee has experienced punishment as a result of reporting a hostile work environment, they may file a complaint to the Ministry of Labour under Ontario’s Occupational Health and Safety Act.
Toxic Work Environment & Constructive Dismissal
When an employee is claiming that the toxic work environment at their workplace constitutes constructive dismissal the employee will be required to show that there is objective evidence to support this conclusion.
Evidence will need to show that the employer’s persistent conduct – in most cases – has resulted in the continued employment being intolerable. However, it is important to speak to an employment lawyer before taking any action when dealing with a constructive dismissal, as that type of claim can be hard to prove.
How can Zeilikman Law help?
Each individual’s situation will be unique, and all circumstances in the situation will need to be properly assessed.
To determine the next steps to take in a situation where there is a toxic work environment, and possible constructive dismissal, contact one of our experienced lawyers today to set up a consultation to discuss your options.
At Zeilikman Law, we approach these issues with logical and creative solutions. Our lawyers are, professional, friendly, and determined. We have the know-how to navigate through the psychology of any given dispute