A high-profile harassment complaint involving a former Canadian Broadcasting Corp. anchor is a reminder for Canadian employers of the legal risks tied to mishandling workplace complaints, says Stuart Rudner, an employment lawyer and managing partner at Rudner Law.
The claim, first reported by the Canadian Press, alleges a toxic workplace, bullying and reprisal. According to the statement of claim, the former employee alleges concerns were raised internally before experiencing adverse treatment. The broadcaster has said it disputes the allegations and intends to defend itself. None of the claims have been proven in court.
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“People are making allegations of reprisal where they went to human resources or their manager and complained about something and all of a sudden they’ve either lost their job or they find themselves being shut out of projects,” says Rudner, who isn’t involved with the case. “It’s something organizations need to understand won’t be tolerated — you can’t fire someone for trying to enforce their legal rights.”
Allegations of reprisal can significantly increase employer liability beyond the original complaint, particularly where employees allege they were penalized for raising concerns.
“It would make sense to get a trained investigator involved, because a lot of these allegations come down to issues of credibility. You need someone capable of investigating and reaching a defensible conclusion.”
Employers that attempt to resolve complaints informally or bypass a formal investigation process risk weakening their legal position if the matter escalates to litigation or a tribunal.
The allegations also underscore the importance of documenting workplace decisions and maintaining consistent processes, particularly when complaints involve potential breaches of workplace policies or protected grounds under human rights legislation.
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“Having clear policies, providing regular training, communicating expectations and ensuring employees have meaningful ways to report concerns are the foundations of a defensible position,” says Rudner.
He cautions employees against conflating poor management with bullying or harassment, noting not all difficult workplace interactions meet the legal threshold for harassment.
“There’s no law against being a jerk. Even if your boss is a jerk, that doesn’t mean it’s unlawful. People are still struggling to understand what constitutes bullying and harassment and what is just managing; not every negative interaction is unlawful.”
He says that shift reflects growing accountability in workplace culture. “When I started practicing, someone who complained about harassment was likely to just lose their job. Now we take it a lot more seriously and try to protect individuals and I think that’s generally for the better.
“Employers who allow bullying, harassment, or toxic work environments to exist expose themselves to legal liability and, perhaps more importantly, impact morale and the viability of their operations. It’s just not good business.”
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