introduction to Ontario’s occupational health and safety legislation

CASE STUDY 3

Prepared by:
Case Study

Scenario:
Joseph is a 64-year-old worker at the General Widget Company. Joseph has
been working in manufacturing for over 40 years and is considering retirement.
While he is a conscientious worker, always arriving on time and working steady
at his workstation, he knows that he is not as fast in his work as he used to be.
This can be frustrating for his supervisor, who can be very demanding in meeting
production numbers.

One afternoon, while at work, Joseph’s supervisor passed by Joseph at his

workstation. It was obvious to the supervisor that Joseph was going to
underproduce the number of widgets required for the day. Visibly angry, the
supervisor blurted out in a loud voice to Joseph that “he was slow old man that
should know when to retire”. The supervisor left the work area, leaving Joseph
visibly upset. A short while later the supervisor came by and apologized to
Joseph, explaining that he was under a lot of pressure to maintain production
numbers.

Despite the apology, Joseph believes that he was harassed.

Questions:

1. Does Joseph have the legal right to report that he was harassed to the HR
department?

2. If the HR department does not agree that Joseph’s complaint is

harassment, do they have to investigate?

3. Does the action of the supervisor constitute harassment?

1. Does Joseph have the legal right to report that he was harassed to the HR
department?

Joseph is entitled by Canadian employment law to report any harassment to

the HR department. This law grants employees the right to a workplace that
is free from harassment and discrimination on protected grounds such as
age. The supervisor's comment about Joseph's age might be considered age
discrimination and could qualify as harassment toward Joseph according to
Canadian employment law.

[2.] If the HR department does not agree that Joseph’s complaint is

harassment, do they have to investigate?

If Joseph files a report with the HR department about the incident, they are
required to conduct a comprehensive investigation, regardless of whether
they believe the incident amounts to harassment or discrimination. By law,
the HR department is obligated to guarantee that the workplace is free from
any form of harassment or discrimination, and all complaints must be treated
seriously.

2.[3.] Does the action of the supervisor constitute harassment?

The supervisor's conduct amounts to harassment because his comment
about Joseph's age is discriminatory and his actions towards Joseph can be
deemed threatening and insulting, causing an unwelcoming working
environment. The supervisor's unprofessional behavior could have
detrimental effects on Joseph's productivity and job contentment. In the
event that the company does not take necessary measures to address and
prevent such occurrences in the future, they could face legal ramifications.
REFERENCE
Elaws(2019)Ontario.ca.Availableat:http://www.labour.gov.on.ca/english/
hs/laws/index.php (Accessed: FEBRUARY 22, 2023).