Metrolinx v. Amalgamated Transit Union, Local 1587
In the case of Metrolinx v. Amalgamated Transit Union, Local 1587, an investigation originally triggered by an unrelated issue uncovered a significant case of workplace harassment. This case underscores the vital responsibility employers have in addressing harassment, even when the victim hasn’t filed a formal complaint. It also highlights how workplace problems can stem from off-the-clock behaviour and the necessary steps employers must take to address them.
The Background
While investigating an unrelated matter, Metrolinx’s HR department discovered offensive and sexist comments made by employees in a WhatsApp group chat. These comments included lewd and derogatory remarks about a female employee (Ms. A), including claims that she had to perform sexual favours to secure a promotion. Ms. A received screenshots of these messages but initially chose not to file a formal complaint, citing her reluctance to have the issue investigated for fear of retaliation from colleagues. Despite her wishes, the employer moved forward with the investigation and, upon completion, terminated the employment of five employees involved in the conversation for harassment. The matter then proceeded to an arbitration hearing.
The Arbitrator’s Decision
In the arbitration hearing, the arbitrator found that the employer lacked just cause to terminate the grievors’ employment. Key reasons for this decision included:
- The grievors believed the WhatsApp messages to be private, and the arbitrator argued the employer had no right to intrude into personal conversations without express authority.
- The refusal of Ms. A to participate in the investigation was viewed as a barrier to conducting a fair inquiry, as the employer could not act as both the complainant and the investigator.
- The arbitrator also suggested there was no evidence that the offensive comments had a direct negative impact in the workplace.
The Divisional Court’s Review
The Ontario Divisional Court overturned the arbitrator’s decision, stating that it was unreasonable. The Court emphasized that an employer is legally required to investigate potential incidents of harassment, regardless of whether a formal complaint is filed. The Court noted that a victim’s reluctance to report harassment should not be used to dismiss the issue or assume that harassment did not occur.
Furthermore, the Court ruled that the contents of private conversations can become workplace issues if they are shared within the workplace and have an impact, as was the case with the WhatsApp messages. The Court referenced both the Ontario Human Rights Code and the Occupational Health and Safety Act (OHSA), asserting that employers are obligated to address harassment even when it arises outside of regular work hours.
The Court’s decision highlighted several key points for employers:
Key Takeaways for Employers
1. Investigation Obligation: Employers are required to investigate allegations of harassment, regardless of whether a formal complaint has been filed. The victim’s reluctance to report should not be seen as a reason to dismiss the claim.
2. Privacy Considerations: While employees may expect privacy in certain communications, comments shared in a social media or messaging app can still constitute a workplace issue if they are forwarded or seen by others in the workplace.
3. Victim’s Reluctance to Complain: The Court acknowledged that a victim’s decision not to report harassment could stem from many factors, including fear of retaliation or further humiliation. Employers should avoid drawing adverse inferences based on a victim’s reluctance to participate in an investigation.
4. Harassment Beyond Work Hours: Inappropriate behaviour outside of work can still become a workplace issue, especially if it is brought to light and shared within the workplace.
Need Support with Workplace Investigations?
This case is a clear reminder that employers have a duty to act when harassment concerns surface, whether through formal complaints or informal disclosures.
Our team provides impartial, procedurally fair workplace investigation and remediation services to help employers meet their legal obligations under the Occupational Health and Safety Act and the Ontario Human Rights Code.
Reach out to learn how our investigation and remediation services can help you manage harassment concerns and meet your legal obligations.
Sources: Metrolinx v. Amalgamated Transit Union, Local 1587, 2024 ONSC 1900 (CanLII)
