Sexual Harassment

STACEY REGINALD BALL

82 SCOLLARD STREET TORONTO, ON, M5R 1G2

Call:(416) 921 7997 Ext. 225     Email:srball@82scollard.com

STACEY REGINALD BALL

Featured by as most frequently recommended employment lawyer.

Sexual harassment in the workplace is a significant problem despite social unacceptability

PREVENTING DISCRIMINATION

Ontario Human Rights Code

Sexual harassment can range from verbal comments to unreasonable solicitations and touching to sexual assault intercourse. The strength of a sexual harassment case depends on the circumstances surrounding the incident. See Miller v. Sam’s Pizza House (1995), 23 C.H.R.R. D/433 for a summary of the wide range of sexually harassing behaviour. Ontario’s human rights legislation is the Ontario Human Rights Code, and just like federal legislation, it exists in part to prevent sexual harassment. There are also common law employment law remedies in Ontario to deal with sexual harassment. These remedies 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.

​Employers have a positive obligation to keep the workplace free from sexual harassment. An employer failing to do so may be open to liability. Employers have a duty to develop and maintain a written policy with respect to workplace violence and harassment, including sexual harassment, and also have a duty to investigate allegations of sexual harassment. If employers are unwilling or simply fail to investigate complaints, recent developments in the law allow the Ministry of Labour to force the employer to hire an impartial investigator to look into the matter and produce a report. This will all be at the expense of the employer. An employer taking a reprisal against an employee for raising sexual harassment concerns faces additional exposure to remedies under the reprisal provisions of the Ontario Human Rights Code.

​Human Rights Tribunal of Ontario

In Ontario, an employee may file a complaint with the Human Rights Tribunal of Ontario or include the allegation as part of a civil law suit such as constructive dismissal, wrongful dismissal or a tort like the intentional infliction of mental suffering. One can be compensated for mental distress, humiliation and loss of dignity as well as for economic loss. A civil action may lead to punitive damages, whereas at the Human Rights Tribunal of Ontario, the employee can seek re-instatement or damages in lieu of re-instatement. This is an attractive option if the employee does not feel comfortable returning to the workplace. Other non-financial remedies include removing the harasser from your work environment or providing a letter of reference.

​The Human Rights Tribunal of Ontario also has the power to order public interest remedies, such as requiring an employer to develop non-discriminatory policies or to implement education and training programs. These remedies can have a broader educational impact, and often seek to prevent similar discrimination from re-occurring in the future. If you have experienced sexual harassment in the workplace or you require assistance developing and implementing an effective and powerful workplace sexual harassment policy, please contact Ball Professional Corporation.

COMPLAINT

CONSULTATIONS

Featured Publications

Canadian Employment Law

Mr. Ball is author of the authoritative and definitive text Canadian Employment Law - published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.

To order Mr. Ball's Canadian Employment Law please visit the Carswell Store by clicking here or on the button below.

CLIENT REVIEWS

“ Stacey Ball is the ultimate in employment lawyers. He got me an excellent settlement and I referred him to fellow long term employees whom I know were very happy in their outcome. I cannot recommend him enough; his name alone will give you clout. This is the guy who wrote the book. He is the best. ”
- John Cunningham, Toronto, ON

“ I was strongly advised by another client to see Stacey Ball. At the initial consultation I found Stacey to be very candid, honest and confident. He was very knowledgeable and upfront about reasonable expectations. He acted quickly on my behalf, which resulted in a fair settlement. I would recommend Stacey to anyone who wishes to use a pro, who knows the law, and is the best employment lawyer in the business. ”
- Todd Kemp, Oshawa, ON

“ I would highly recommend Stacey Ball as an employment lawyer. He was honest, hard working on my behalf and obtained an excellent settlement. I found him to be the top and best employment lawyer I could have obtained. ”
- Lou T. Richmond Hill, ON

“ Stacey Ball is the best employment lawyer you can have on your side in Toronto. There is no employment lawyer representing employees with a stronger track record than him. In my experience, he gets the results that meet your needs, even against the most stubborn employers. Had I not gone with Stacey, I would have gotten nothing because that was what my employer insisted on until he intervened on my behalf. He is the best and top employment lawyer. ”
- James Yu, Toronto, ON

“ I first used Stacey over a decade ago to review personal and business employment contracts. Stacey is arguably the best employment law lawyer in both Canada and south of the border. His intimate knowledge of the law is second to none. He is readily available for any situation which requires a quick, frank and authentic response. I would highly recommend him for both individuals and organizations alike.​ ”
- Antoinette St. Angelo, V.P. & Director of Production Services, Toronto, ON

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