An Alberta court ruled harassment is something you can sue for in a decision related to a public\u002Dhealth worker and COVID\u002D19 policy. Read on.
The court considered a number of factors which tilted in favour of establishing a new tort of harassment, including: harassment is already a crime under the Criminal Code; courts routinely issue restraining orders to protect victims of harassment; and existing torts fall short of properly addressing the harm caused by this kind of behaviour.
Given the unending and increasing deluge of harassment allegations in our employment practice and the limited scope within which they are addressed , I suspect that other province’s courts, while not bound by Alberta Health Services vs. Johnston, will refer to and rely upon it in the near future, thereby establishing harassment as a lawsuit in Canadian law in relatively short order.Article content
It is therefore essential for employers to take a proactive approach to preventing and addressing workplace harassment by implementing comprehensive anti-harassment policies and procedures, providing regular training to employees on how to recognize and report harassment and by taking prompt and effective action to investigate and address any complaints of harassment.
While the emergence of the tort of harassment is significant, it is not a licence for employees to bring frivolous or vexatious claims against their employers.
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