Can a Canadian employee sue an employer for harassment that is not related to a discrimination claim? The answer used to be “no.” But that’s changing.
In most jurisdictions across Canada, an employee could sue or file a human rights application for harassment related to unlawful discrimination. An employee could file a complaint with the appropriate government agency about workplace harassment that violates health and safety or harassment laws. An employee could even sue for constructive dismissal based on harassing conduct. But, until recently, an employee could not usually sue an employer for harassment that was unrelated to some other legal right or protection.
In Merrifield v The Attorney General (2017 ONSC 1333), the Ontario Superior Court of Justice said there is a new, freestanding basis to sue for workplace harassment. Employers should take notice.
What happened?
Merrifield was an officer of the Royal Canadian Mounted Police (RCMP). He said his supervisors harassed him after he sought to be nominated to run in an election as a candidate for the Progressive Conservative Party.
He said he suffered demeaning comments, unwarranted investigation, tarnishing of his reputation, and a disciplinary transfer. Merrifield raised his concerns with superiors. The RCMP never responded. Merrifield then sued his employer for harassment, among other things.
Article Spotted by: Stacy Glass
Article Written by: Shane Todd and Geoff Tadema aassistant/ Fasken Martineau/HR Hero
Article Published : June 18 2017
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