Harassment: the employer had to intervene even if he believed that the employees had made peace

A day labourer filed a complaint for psychological harassment. The evidence revealed that, following a conversation that degenerated, a colleague punched the complainant in the face. The employer who became aware of the event, alleges that he did not consider it necessary to discipline the colleague because he had made peace with the complainant, shook his hand and gave him a hug. According to the tribunal, this aggression constitutes a single vexatious and serious conduct that undermined the complainant’s integrity. However, the employer did not take a proactive approach in order to stop the harassment, and the inaction is not a preventative measure. He did not take reasonable measures to make sure that the complainant’s colleague does not commit any further physical assaults in the workplace. Moreover, the employer admits that he did not take any measure to stop the harassment. The complaint is upheld, the tribunal reserves its authority to determine the appropriate remedies.

Ramirez v. Compagnie nationale d’importation de harengs ltée
2025EXPT-1843, 2025 QCTAT 3639, (DRT), a.j. Jean-François Beaumier