In a recent case, a person named Merrifield filed a case against RDMP which talked about damages for intended infliction of intellectual suffering because of harassment and bullying by the manager. The case of Merrifield was of not much interest in the RCMP and thus, they did not pay much attention to his case. Thus, Merrifield made his appearances in the media and in several radio shows and made people aware of his case. Merrifield stated that his relationships with his seniors deteriorated to such a point that he started experiencing noticeable levels of stress and therefore, he had to take a medical leave.
After much time, the judgment of the court came and it favored Merrifield. Along with this, the Justice recognized the need for an independent legal remedy for wrongful conduct.
Merrifield was awarded some amount of money in general and for the actions.
Progressively, the successive decisions made by the court did not recognize the need for the creation of a new law for harassment. They felt that the case didn’t cry out for the need for a new law. Along with this, the court also stated that there are some existing laws which can be used to address a case related to harassment.
Major takeaways for employees and employers
From the above case, the employers must not think that they do not need to pay any liability for the claims which involve harassment in the workplace. As addressed the decision of the Court of Appeal, the employees have several potential solutions in the event of harassment in the workplace. The solutions involve asking for damages for the intentional imposition of intellectual suffering and address it to the Code of Human rights of Ontario and the wrongful conduct can be linked to an illegal basis of discrimination.
Moreover, the employees can ask for solutions under the Act of Occupational Health and Safety if the employers do not fulfill the obligation to carry out an investigation in acknowledgment of complaints regarding harassment in the workplace. The employees must also be given benefits of insurance board and workplace safety for chronic psychological anxiety injuries due to work which are a part of harassment in the workplace.
Although, in Ontario, the Court of Appeal does not determine any act of wrongful conduct or harassment at present, still the employers need the necessity of noticeable obligations in favor of addressing and prevention of harassment. The employers are asked to promote an inclusive and respectful culture in the workplace and enforce and implement policies and practices related to harassment. The employers need to remain practical and reasonable in their current statutory commitments to avoid harassment and actively address and inquire any allegations of bullying or harassment.
Apart from this, the employees who still face harassment and find no thoughtful remedy, they can contact employment lawyer Toronto to get a voice heard and their case addressed. The employment lawyers Toronto will provide professional advice and advocate them about the current employment legal remedies against harassment.