What are the potential costs of ignoring an employee's complaint?

Both the Occupational Health and Safety Act and the Human Rights Code mandate an appropriate investigation when complaints arise. The cost of circumventing this obligation can be quite high, as recently established in the case of Bassanese v. German Canadian News Company et al., 2019 ONSC 1343 (CanLII).

The Superior Court of Justice awarded Ms. Bassanese $50,000 in aggravated damages for the actions of her former employer, German Canadian News Company. Ms. Bassanese was harassed by a co-worker, complained and the employer took no action to address the complaint. Ms. Bassanese alleged that thereafter, she was slapped three times by the harasser and fired, as a result.

The Court concluded the employer ignored the Complaint of Ms. Bassanese and neglected to address the matter or conduct an investigation appropriate in the circumstances.

It is imperative that employers take each complaint seriously and conduct an investigation that is appropriate in the circumstances for any and all complaints that could amount to harassment or discrimination. Employers can face hefty damage awards if they do not take their obligations and responsibilities under the law seriously.