Workplace harassment can take many forms, including bullying, discrimination, verbal abuse, sexual harassment, and threats. Under Ontario’s Occupational Health and Safety Act (OHSA), employers have a legal duty to prevent and address workplace harassment. However, when employers fail to take appropriate action, employees may need to escalate the issue to the Ministry of Labour.

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What Qualifies as Workplace Harassment?

Ontario law defines workplace harassment as unwelcome behavior that a reasonable person would consider offensive, humiliating, or intimidating. This includes:

• Verbal abuse (insults, threats, aggressive language).

• Sexual harassment (unwanted advances, inappropriate comments, or requests for sexual favors).

• Discriminatory behavior based on race, gender, religion, disability, or other protected characteristics.

• Spreading rumors or exclusion intended to harm an employee’s reputation.

• Retaliation against an employee for reporting concerns.

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When Should You Report Harassment to the Ministry of Labour?

Before filing a complaint with the Ontario Ministry of Labour, you should first report the harassment internally. Employers in Ontario are legally required to:

• Have a workplace harassment policy and complaint procedure.

• Investigate all harassment complaints fairly and promptly.

• Take appropriate action to stop the harassment.

If your employer fails to take action, dismisses your concerns, or retaliates against you, you may need to file a complaint with the Ministry of Labour.

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How to File a Workplace Harassment Complaint

If your employer has failed to act, you can file a complaint with the Ontario Ministry of Labour. Here’s how:

Step 1: Gather Evidence

• Keep a record of all incidents, including dates, times, locations, and witnesses.

• Save emails, text messages, or documents related to the harassment.

• Document any complaints you made to HR and their response.

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Step 2: Attempt Internal Resolution

• Report the harassment to HR or a supervisor (if you haven’t already).

• If your employer has a harassment policy, follow the complaint procedure.

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Step 3: File a Complaint with the Ministry of Labour

• Submit a Workplace Harassment Complaint Form through the Ministry of Labour’s website or by phone.

• The Ministry may request additional information or evidence.

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Step 4: Investigation Process

• The Ministry of Labour will review the complaint and determine whether to conduct an inspection.

• If an inspection is needed, a Ministry officer will contact your employer and review their workplace harassment policies and investigation process.

• If the Ministry finds that your employer failed to comply with OHSA, they may issue orders or penalties requiring corrective action.

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What Happens After Filing a Complaint?

Once the Ministry reviews your case, possible outcomes include:

• Employer compliance orders – Your employer may be required to improve their policies or take action against the harasser.

• Further investigation – In severe cases, the Ministry may conduct in-depth interviews with employees and management.

• Legal consequences – Employers who fail to comply with Ministry orders may face fines or other penalties.

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Free Consultation with Ottawa Employment Lawyers 

No employee should have to endure workplace harassment. If your employer fails to take action, you have the right to report the issue to the Ministry of Labour. Filing a complaint can help ensure that your workplace becomes a safer, harassment-free environment for everyone. Please do not hesitate to reach out to our team of experienced Ottawa employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (343) 321-0800 or fill out our contact form.

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