No employer wants to receive a complaint of workplace bullying—but ignoring or mishandling it can be legally and financially devastating. In Ontario, employers have clear obligations under the Occupational Health and Safety Act (OHSA) to address allegations of harassment and to provide a safe working environment.
An Ontario Court of Appeal case involving Wal-Mart Canada serves as a stark reminder of what can happen when an employer fails to properly respond to bullying complaints.
Legal Obligations: What Employers Must Do
In Ontario, employers are legally required to:
- Develop and implement workplace harassment and violence policies;
- Provide training and information to all employees about these policies;
- Conduct a prompt and thorough investigation into any complaints of workplace harassment or bullying;
- Take appropriate remedial action if the complaint is substantiated.
Failure to do so may not only violate the OHSA but also expose the employer to common law claims for constructive dismissal, intentional infliction of mental suffering, and punitive damages.
Case Spotlight: Boucher v. Wal-Mart Canada Corp.
Ms. Boucher was a long-time employee of Wal-Mart with a strong track record. Her workplace deteriorated after she refused to falsify temperature logs, which her supervisor, Jason Pinnock, had asked her to do.
Following this refusal, Mr. Pinnock:
- Subjected her to public criticism and unwarranted discipline;
- Created a hostile work environment that led her to file complaints under Wal-Mart’s “Open Door Communication Policy.”
Wal-Mart investigated her complaints but ultimately deemed them unsubstantiated. Worse, management threatened to discipline Ms. Boucher for advancing the complaints. Eventually, she went on medical leave due to the stress.
The Court’s Findings
The Ontario Superior Court of Justice found in favour of Ms. Boucher and awarded her $1.45 million in damages, including:
- Compensatory damages for mental suffering;
- Aggravated and punitive damages for Wal-Mart’s mishandling of the complaint and Mr. Pinnock’s abusive conduct.
Although the Court of Appeal later reduced the damages, it upheld the finding of liability, confirming that Wal-Mart had failed to meet its duty to provide a safe and respectful workplace.
Lessons for Employers
- Have policies—and follow them: Workplace harassment policies must be more than a formality. Employers must act when concerns are raised.
- Conduct a good-faith investigation: Dismissing a complaint without a proper inquiry can expose an employer to serious risk.
- Avoid retaliation: Threatening or punishing an employee for bringing a complaint is a serious violation that may increase your liability.
- Train managers and supervisors: Ensure leadership understands how to recognize, prevent, and respond to bullying in compliance with the OHSA and internal policies.
We Can Help
At Singh Lamarche LLP, we support employers and employees in managing workplace harassment and bullying matters. Whether you’re responding to a complaint or preparing policies to reduce your risk, we can guide you through the legal landscape and help you act with confidence.
Contact us today for expert legal advice on workplace investigations and employer obligations under Ontario law.
