Parties Involved:
- Employer: Stelco Inc.
- Applicant: Shannon Horner
The applicant filed a workplace harassment complaint, alleging that multiple coworkers had harassed her via social media. Following an internal investigation, Stelco determined that workplace harassment had occurred and that corrective action was necessary.
The employer provided the applicant with both verbal and written confirmation that her complaint had been upheld and that corrective measures, including retraining, had been or would be implemented.
However, the applicant believed that the closure letter provided did not satisfy Stelco’s legal disclosure obligations under section 32.0.7(1)(b) of the Occupational Health and Safety Act (OHSA) and subsequently filed a complaint with the Ministry of Labour.
The applicant argued that the closure letter was insufficient because:
- It did not name the individuals who had engaged in harassment.
- It did not specify who would be subject to corrective action or what corrective measures were being taken.
- It did not clarify whether the harassment included sexual harassment.
After reviewing the complaint, the Ministry of Labour Inspector declined to issue an order requiring Stelco to provide additional disclosure. The applicant then appealed to the Ontario Labour Relations Board (OLRB).
Section 32.0.7(1)(b) of the OHSA states:
To protect a worker from workplace harassment, an employer shall ensure that,
(b) the worker who has allegedly experienced workplace harassment and the alleged harasser,
if he or she is a worker of the employer, are informed in writing of the results of the investigation and of any corrective action that has been taken or will be taken.
- Employers are not required to provide a complainant with a detailed report outlining all factual findings from the workplace investigation.
- Employers do not need to disclose specific acts of harassment that were found to have occurred.
- Employers are not obligated to reveal the exact level of discipline imposed on individuals found to have engaged in harassment, as such information is considered confidential.
However, the OLRB determined that Stelco’s closure letter did not fully comply with OHSA requirements because:
- It failed to identify which individuals were found to have engaged in harassment.
- It did not disclose the specific corrective actions that had been or would be implemented.
Employers must provide written notification to the parties involved, including:
- ✔ The results of the investigation.
- ✔ The identities of individuals found to have engaged in harassment.
- ✔ The specific corrective measures that have been or will be taken.
Employers are not required to:
- ✘ Provide a detailed report outlining all factual findings.
- ✘ Specify the exact acts of harassment that were substantiated.
- ✘ Disclose the specific disciplinary measures imposed on the harassers.
- While full investigation reports are not required, employers must still clearly communicate investigation outcomes to the complainant and the respondent(s).
- Failure to meet basic disclosure obligations under OHSA can result in legal challenges and compliance orders.
- A legally compliant closure letter should specify:
- Who was found responsible for harassment (if applicable).
- The corrective measures being implemented.
- 📖 Shannon Horner v. Stelco Inc. Lake Erie, 2024 CanLII 16448 (ON)
- 📖 Occupational Health and Safety Act, RSO 1990
