Bill 132... Picking Up Where Bill 168 Left Off?

Will the recently proposed changes to the Ontario Occupational Health and Safety Act finally bring about the workplace violence and harassment protections that so many believed would be implemented as a result of “Bill 168?” It’s possible.

For years I have been critical of the actual effects of the changes to the law brought about by Bill 168. Heralded by many at the time as a necessary change to the law, the experience of the interpretation and implementation of those changes has been grossly underwhelming.

Now the Ontario government is proposing further changes to the law by way of Bill 132, the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015. The Bill passed first reading in the Legislative Assembly of Ontario on October 27, 2015.

A reading of the proposed amendments to the law leaves one with cautious optimism that perhaps change will finally come about.

Has the Ontario Labour Relations Board Finally Given Some Protection to Harassed Employees?

Is an Ontario worker who makes a complaint of workplace harassment to his or her employer seeking the enforcement of the Ontario Occupational Health and Safety Act or acting in compliance with that Act?

Can an employer legally fire someone who makes such a complaint without that termination being deemed an at of "reprisal" by the Ontario Labour Relations Board? Until the Ontario Labour Relation Board’s decision in Ljuboja v Aim Group Inc, 2013 CanLII 76529 (ON LRB) on November 22, 2013, the answers from this author would have been no, the employee is not seeking the enforcement of the Act, and yes, the employer can legally terminate the employee without the Labour Board deeming the termination as an act of reprisal. However, things may have changed.