What is a poisoned work environment?

A poisoned work environment is a form of indirect harassment. It occurs when wrongful behaviour is sufficient to create a persistently hostile or intolerable work environment. Comments or actions that demean or ridicule a person or persons creating inequalities in the workplace or behaviour such as, gossip and rumour, may be sufficient to amount to a poisoned work environment

Definition

The definition of workplace harassment articulated in the Occupational Health and Safety Act is relied upon as the basis for indirect harassment (also known as poisoned work environment) when no prohibited ground is alleged as the basis for the indirect harassment under the Human Rights Code. The test for workplace harassment is whether the Respondent’s conduct was “known or ought reasonably to be known to be unwelcome.”

The Ontario Divisional Court held in Crepe it Up! v. Hamilton, 2014 ONSC 6721 that “… except for particularly egregious, stand-alone incidents, a poisoned workplace is not created, as a matter of law, unless serious wrongful behaviour sufficient to create a hostile or intolerable work environment is persistent or repeated.”

Examples

There are a variety of comments and behaviours that could create a poisoned work environment for employees. Examples of a poisoned work environment may include but are not limited to offensive cartoons, pin-up posters, pornography, insulting jokes or innuendos, name-calling, malicious gossip or rumours even if not directed towards an employee. Other indirect behaviours may have the effect of poisoning the work environment such as, yelling at no one in particular or pounding the desk with a fist.

If any employee complains of behaviour that is not directed at them you may need to conduct an investigation, depending on the details of the complaint.