Many employees are exposed to a toxic work environment in Ontario. Generally, a toxic work environment is a workplace where an employee is the target of ongoing offensive conduct or behaviour. This pattern of misconduct can also be called workplace harassment, bullying or discrimination.

Common examples of a toxic work environment would be:

• Name-calling or insults
• Unwanted or mean-spirited comments relating to someone’s race, sexuality or gender
• Inappropriate jokes or pranks
• Biased, unjust or unreasonable criticisms
• False or misleading performance expectations
• Arbitrary performance expectations
• Purposefully ignoring or downplaying legitimate complaints
• Contrived disciplinary measures
• Constant yelling or screaming
• Threats
• Intimidation tactics or actions
• Retaliatory tactics or actions
• Spreading lies, gossip or making defamatory statements

We have had many clients over the years who have experienced a toxic work environment. These employees are often in a distressed state as it can be very difficult to deal with bullying or harassment at work. It is common to see these employees experiencing mental health conditions because of the toxic work environment such as anxiety and depression. These employees will also frequently need to go on stress leave because of their mental health.

Is a toxic work environment unlawful?

Yes. There are two pieces of legislation in which the statutory framework seeks to protect employees from a toxic workplace, bullying or workplace harassment. If an employer fails to comply with these statutes, that breach would be considered to be unlawful.

The two pieces of legislation are:

1. Ontario’s Occupational Health and Safety Act, 1990 (“OHSA”). OHSA is used to protect workers’ health and safety. It defines a toxic workplace as “workplace harassment” and sets out that all employers subject to Ontario’s OHSA must a) prepare policies with respect to workplace harassment and b) have in place a workplace harassment program. Generally, under the OHSA an employee should know how to make a complaint about workplace harassment, the employer should investigate appropriate complaints of workplace harassment and inform the employee of the results of that investigation in writing.
2. Ontario’s Human Rights Code, 1990 (“Code”) prohibits individuals from being discriminated against based on certain prohibited grounds (age, race, disability, sexual orientation, gender and others). The Code applies to many areas of employment including the workplace, hiring, training and dismissals.

Does experiencing a toxic work environment mean that you have been constructively dismissed?

Workplace harassment, discrimination, bullying or experiencing a toxic work environment may result in constructive dismissal. Constructive dismissal happens when the employee’s fundamental terms of employment are changed unilaterally by the employer. If constructive dismissal is established, the employee may claim termination pay and severance pay in addition to other possible damages stemming from the toxic work environment regardless of if the employee quit or resigned.

The law in Ontario is that in cases of bullying and harassment, the employee could have been forced to quit as it may be unreasonable for them to continue to work under those toxic conditions.

If you would like to read more about constructive dismissal, we have many articles and blogs on the topic. Please see:

• What you Need to Know about Constructive Dismissal
• Forced to Resign? Understanding Constructive Dismissal
• Can My Employer Make Changes to My Job Without My Consent

What steps should you take if you are experiencing a toxic work environment?

There are several steps that an employee can take if they feel that they are experiencing a toxic work environment.

1. Identify the problem, seek support and request that the ongoing offensive conduct cease. For example, you may be able to ask your direct supervisor for assistance by asking a coworker to stop some behaviour or statements that you feel are inappropriate and insulting.
2. Ensure to gather evidence or write down when these incidents happened and what occurred during these incidents.
3. Review the employer’s workplace policies relating to workplace bullying harassment and discriminating and identify how to make a formal complaint.
4. Make a formal complaint in writing.
5. Cooperate with the investigation into your complaint.
6. Speak to an employment lawyer.

How can Zeilikman Law help?

Approaching an employment lawyer can be very helpful to an employee who is experiencing a toxic workplace. It is very common that an employee finds themselves in a situation where they are being harassed, bullied or discriminated against at work. Employment lawyers like the ones at Zeilikman Law can assist an employee by reviewing the facts of their case and helping them determine what the next best steps are to take to ensure that their employment rights are protected whether it be simply by answering questions, writing a letter to their employer, assisting the employee in making complaints to the Ministry of Labour or the Human Rights Tribunal or representing the employee in litigation against their employer for constructive dismissal, termination, severance pay and other damages.

To read more about employment law and workplace harassment, bullying or discrimination, please review our blogs:

• Harassment and Bullying in the Workplace?
• Employment Harassment
• When to Hire an Employment Lawyer in Ontario

You can contact our office at (905) 417-2227 or online here to schedule your own confidential consultation with Zeiikman Law.