The trial judge found constructive dismissal. But what was the unilateral change to conditions of employment? The finding was that a reasonable person in the same position as this employee, faced with the length of time during which harassing comments of certain severity were being made, would conclude that the term of his employment by which the employer was required to provide an environment free of harassment had been changed by the employer allowing the harassment to continue. The trial judge awarded the employee 12 months’ pay in lieu of notice. The case highlights the need to protect employees from harassment in the workplace, which obligation is codified in Occupational Health and Safety legislation such as found in Ontario.
Aaron Poirier- Gay at Work
Human Rights Acts »Northwest Territories include Gender Identity Provincial workplace harassment legislation »Quebec 2002 »Saskatchewan 2007 »Ontario 2010Occupational Health and Safety »B.C. Alberta, Saskatchewan, Quebec, Yukon, Nunavut and Northwest Territories expanded eligibility for workplace stress benefits. The Courts
When is harassmentconsidered constructivedismissal?For 17 years the plaintiff was employed as an hourly paidworker at a cheese making factory. He alleged that he hadbeen constructively dismissed when his immediatesupervisor and then the company itself refused to take anymeaningful steps to end prolonged and aggressive teasingby four co-workers that was so severe that it drove theemployee to a breakdown. Disotell v. kraft
Harassed andforced to quit. A former Walmart employee in Windsor, Ont., was subject to profane and insulting mental abuse from the store manager. The conduct included being called a ”fucking idiot" and being made to count skids in front of others to prove she could count. There were also allegations she was subject to sexual harassment and discrimination, intentional infliction of mental suffering at the hands of an assistant manager. Boucher V. Walmart
Young gay menHow are first time job seekers prepared » Getting an interview » What they need to know about potential employersWhat to do once you get the job » What are your rights » Navigating the decision to come out » Where to get support
questionsWhat legal protections/enforcement areneeded?Workplaces have a ‘role to play’ in the health ofgay, lesbian, bisexual and trans folksWhat does a good job look like?