Employers Must Investigate Workplace Harassment — Even Without a Complaint
Many employers assume they only have to investigate harassment if someone files a formal complaint. The law says otherwise!
Under the Occupational Health and Safety Act (OHSA), once an employer becomes aware of possible workplace harassment — even indirectly — the proactive duty to investigate is triggered. This means you can’t wait for an employee to come forward before taking action.
What the Courts Have Said
The Ontario Divisional Court recently made this crystal clear in Metrolinx v. Amalgamated Transit Union, Local 1587 (2024 ONSC 1900). In this case, offensive messages about female employees were shared in a private group chat outside of work. One affected employee who saw the messages did not want to file a complaint, but the employer investigated anyway.
When the matter went to court, the Divisional Court confirmed that once harassment is known to the employer, the obligation to investigate is triggered.
In other words, employers can not ignore harassment just because no one formally complains or because the conduct happened off-duty. If it spills into the workplace or affects the work environment, it is your responsibility.
Why This Matters for Employers
Employees often stay silent about harassment because they’re worried about retaliation, embarrassment, or how it will affect their reputation. The law recognizes this reality — and places the responsibility on employers to act proactively.
Failing to investigate can expose employers to:
Legal liability under the OHSA
Grievances or lawsuits
Serious reputational damage
The safest approach is to launch a fair and impartial investigation every time concerns of harassment come to light.
What Employees Should Know
If you’ve experienced harassment but don’t feel comfortable filing a complaint, know this: your employer still has a legal duty to protect you once they’re aware of the situation.
Key Takeaway
Employers in Ontario must treat workplace harassment seriously, whether or not a complaint is filed. If you become aware of it, investigate it. If you’re an employee, remember that silence doesn’t mean you lose protection.
At Hosseini & Hosseini LLP, we advise both employers and employees on harassment obligations and rights. If you need guidance on handling a workplace harassment issue, we’re here to help.
