Text messages outside of working hours: annoying, but not vexatious

Daycare worker alleges that she was psychologically harassed. She claims the owner harassed her by contacting her with text messages and telephone calls outside her working hours. However, the employee never informed the employer that she did not wish to receive such communications, nor did she ask the employer to stop doing so. On the contrary, she replied to messages, giving the impression that they didn't bother her. Although it may be annoying to receive messages while on leave, they are justified by rational business objectives and by the employee's failure to comply with the employer's legitimate requests. The tone used by the owner remained polite, courteous and cordial, and there was nothing hostile towards the employee. Communications outside working hours did not constitute hostile or unwanted conduct that could constitute vexatious behaviour. The claim is dismissed.

Ben Fradj  c. Aurélien
2023EXPT-1321, 2023 QCTAT 2235 (DRT), j.a. Geneviève Drapeau