Can You Get Damages For Being Harassed at Work?

Mar 7, 2017

Ontario’s Occupational Health & Safety Act outlaws workplace harassment but an employee cannot collect damages for being harassed at work under this law.

In a recent case, an Ontario judge awarded an employee damages for being harassed.

The tort of harassment has been recognized in Ontario but to my knowledge this is the first time an Ontario judge has ordered an employer to pay an employee damages for being harassed.

What Do You Need to Prove to Get Damages for being Harassed?

According to the judge in this case, here is what you need to prove:

  1. The employer’s conduct was outrageous.
  2. The employer intended to cause you emotional stress or had a reckless disregard for causing you to suffer from emotional stress.
  3. You suffered severe or extreme emotional distress.
  4. The employer’s outrageous conduct was the actual and proximate cause of your emotional distress.

If you have been harassed at work and you are experiencing severe or extreme emotional stress call an employment lawyer to find out whether you may be entitled to damages.

If you would like to speak to a lawyer at MacLeod Law Firm, you can reach us at [email protected] or 647-204-8107.

The material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.


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