The existence of sexual harassment in the workplace is still quite common despite social unacceptability. It can range from verbal comments to unreasonable solicitations and touching to forcible intercourse.
Human rights legislation in Ontario and in Canada exists to prevent sexual harassment. There are also common law employment law remedies in Ontario to deal with sexual harassment. These remedies may range from torts such as assault, and the infliction of nervous shock and mental suffering, to actions for wrongful dismissal, constructive dismissal and breach of the implied obligation of good faith and fair dealing.
The determination of whether or not the legal elements for a “sexual harassment” case are present depends on the circumstances surrounding the incident.
Sexual Harassment occurs in different levels of degree. It may include persistently unwelcome attention, to advances , up to sexual assault. The conduct needs to be reasonably known to have been unwelcomed. In Ontario an employee may file a complaint with the Ontario Human Rights Tribunal or include the allegation with a law suit, for example, constructive dismissal, wrongful dismissal, or a tort such as intentional inflection of mental suffering. One can be compensated for mental distress, humiliation, loss of dignity as well as for economic loss. Re-instatement is a possibility under the Ontario Human Rights Code, as well as damages in lieu of re-instatement. A civil action may lead to punitive damages. Employers have an obligation to keep the workplace free from sexual harassment. An employer failing to do say may face exposure. An employer will have a duty to investigate allegations of sexual harassment. An employer taking a reprisal against an employee for raising sexual harassment allegations faces additional exposure to remedies under the reprisal provisions of the Ontario Human Right Code, R.S.O. 1990, as amended.
At Ball Professional Corporation we take the legal issues around Sexual Harassment very seriously and are committed in making sure your employment and Human rights are represented at the highest level and addressed in the most professional manner. We will try to minimize the cost to you by using our vast experience in negotiations while making sure you get what you are legally entitled to according to Canadian employment law. Stacey Ball is one of the top employment lawyers in Toronto and represents clients acrosss Canada. If you are not getting what you deserve we will fight for your rights all the way to the supreme court of Canada where Stacey Ball has fought and won protecting the interests of his clients