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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Would tieing a ribbon to a fellow employees vehicle be

Customer Question

Would tieing a ribbon to a fellow employees vehicle be classed as harassment ?
Submitted: 12 months ago.
Category: Canada Law
Expert:  Legal Ease replied 12 months ago.

Is this the only time that this has ever happened?

Customer: replied 12 months ago.
It is the only time that it has ever happened to this employee. It has happened to several other employees also including myself.
Expert:  Legal Ease replied 12 months ago.

Is this employee alleging that he/she is being singled out and therefore alleging harassment?

Why is this being done? For example, is it supposed to be a joke?

Has anyone ever complained about this to the employer before?

Customer: replied 12 months ago.
the employee is stating that he is being harassed or intimidated. it most certainly was meant as a joke no one has complained before
Expert:  Legal Ease replied 12 months ago.

So clearly what has to happen here is the employer has to be told that not only is this a harmless joke and no harm was intended but this has been going for a while and all the employees have been included so this employee is not being singled out and this is an isolated incident and so not a case of harassment.

And the best approach would be for the person who tied on the ribbon to apologize and agree not to do this again.

Does that help?

Customer: replied 12 months ago.
i wish it was that simple we spoke to the employer and tried to explain that this was ongoing the fact is the employee that were speaking about is a minority and has ongoing trouble and i now believe that he is now trying to make me a pawn in a harassment case ive been given a 1 day suspension without pay and was told that i violated the workplace violence and harassment act
Expert:  Legal Ease replied 12 months ago.

Are you about to have a hearing, and if so who is representing you?

Customer: replied 12 months ago.
I have recently had a hearing a level 3 of the grievance procedure. I'm being represented by my Union. The next stage would either be mediation or arbitration.
Expert:  Legal Ease replied 12 months ago.

I see. So you are likely in good hands and as I am a stranger to this and feel that this is not a case of discrimination or harassment it is very likely that an arbitrator would feel the same way.

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