A recent article from Canadian HR Reporter detailed a disturbing case: a worker was fired after complaining about ongoing sexual harassment from their supervisor.
Unfortunately, this isn’t an isolated story. At Kent Employment Law, we regularly hear from employees who’ve faced workplace harassment and experience retaliation for speaking up.
Harassment is a Human Rights Violation
In Canada, workplace sexual harassment is prohibited under provincial and federal human rights legislation. This includes unwanted sexual advances, comments, jokes, and conduct that creates an unsafe or hostile work environment.
Employers have a legal duty to prevent workplace harassment and respond effectively when complaints are made. That includes investigating promptly, taking steps to protect the complainant from further harm, and taking appropriate action against the perpetrator.
When an employer fails to act, or worse, takes adverse action against the complainant, they risk serious legal consequences.
Firing After a Complaint = Retaliation
Human rights legislation directs that an employer cannot retaliate against an employee for filing a harassment complaint. Disciplining or terminating someone for this reason can be grounds for multiple legal claims including:
- Wrongful dismissal under common law.
- Discrimination under human rights legislation.
- In some cases, constructive dismissal if the environment becomes unbearable.
This kind of response doesn’t just harm the individual; it signals to every other employee that it’s unsafe to report workplace harassment.
Employers: Take This as a Warning
If you’re an employer, this case is a cautionary tale. Even the perception of retaliation can expose you to significant liability. Best practices include:
- Having a clear, well-communicated anti-harassment policy.
- Training managers and supervisors on their obligations.
- Conducting thorough, impartial investigations in a timely manner.
- Ensuring complainants are protected from any form of reprisal.
- Ensuring the respondent is properly disciplined.
Failing to follow these steps isn’t just risky, it’s unlawful.
Employees: You Have the Right to Speak Up
If you’re facing harassment, you have the legal right to report it without fear of losing your job. If you are terminated, demoted, or otherwise punished after speaking up, you may be entitled to compensation and legal remedies.
At Kent Employment Law, we believe no one should have to choose between their dignity and their job. The recent Canadian HR Reporter article is a reminder that, while these situations are far too common, there are strong legal protections in place.
If you’ve experienced workplace harassment or retaliation, contact Kent Employment Law today to protect your rights and take action.
