Employers must investigate workplace harassment — even without a complaint

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.