A recent decision from the Human Rights Tribunal of Ontario (HRTO) has clarified that there is no obligation on employers under the Ontario Human Rights Code (the “Code”) to investigate reports of harassment made by a person who is no longer an employee.
In Rougoor v Goodlife Fitness Centres Inc., 2024 HRTO 312, the former employee claimed that she had reported that harassment both before and after leaving her job. However, the Tribunal determined that based on the evidence and testimony provided to them, the employee only reported the harassment six months after she had stopped working for the employer.
This case offers a lesson on the importance of careful record keeping, whether you are an employee or an employer. In this case, had the employee been able to present evidence that she had made her complaint while she was still employed, the Tribunal may have determined that the employer had failed in their legal duty to investigate.
From an employer perspective, this case also demonstrates the importance not only of record keeping, but also of the importance of having policies in place to promote a harassment and discrimination-free workplace, as the Tribunal made note that having those policies in place contributed to a finding that on the totality of evidence available, the employer had not failed in their legal duties.
While this HRTO decision makes it clear that under the Code there is no obligation to investigate a complaint of harassment from a former employee, employers and employees should also be aware of the rights and obligations regarding workplace harassment that come from other pieces of law, such as the Occupational Health and Safety Act, which also require employers to investigate instances and complaints of harassment.
While ideally employees and employers are working together to prevent harassment and discrimination at work, when issues do arise it is very important for all parties to keep careful records of what occurs, and to seek legal advice to make sure that your interests are being protected.
