Tribunal Decision in Rougoor v. Goodlife Fitness: A Wake-Up Call for Employers

Duty to Investigate: Employer not obligated to investigate complaint made post-termination

On February 28, 2024, the Human Rights Tribunal of Ontario (HRTO) delivered a significant decision in Rougoor v. Goodlife Fitness Centres Inc., highlighting crucial considerations for employers regarding workplace harassment and the duty to investigate. Here’s a detailed breakdown of the case, the decision, and its implications for employers.

Case Background

Taylor Rougoor, the applicant, alleged that she experienced sexual harassment by a co-worker during her employment at Goodlife Fitness Centres Inc.’s King and Wellington location in London, Ontario. Rougoor claimed that the harassment began shortly after she started her job on November 13, 2017. She alleged that she orally reported the harassment to management in late November and early December 2017 but received no action from her supervisors.

However, Goodlife Fitness denied receiving any complaints of harassment during Rougoor’s employment, which ended on January 2, 2018, due to alleged performance issues. The company claimed that it first learned of Rougoor’s harassment allegations in July 2018, more than six months after her termination.

Tribunal’s Findings

The HRTO emphasized that an employer’s duty to investigate harassment complaints is closely tied to their obligation to provide a discrimination-free workplace. This duty is primarily active during the period of employment and does not extend to complaints made after an employee has left the organization. In this case, the Tribunal found that Rougoor did not report the harassment during her employment, and thus, Goodlife Fitness was not obligated to investigate the complaint made post-termination.

In assessing the evidence, the Tribunal evaluated the credibility of witnesses and the consistency of their testimonies. It concluded that Rougoor’s allegations were not corroborated by other witnesses or supporting documentation. As a result, the Tribunal determined that Goodlife Fitness did not breach its duty to investigate since they were unaware of the harassment allegations during Rougoor’s employment.

The Tribunal also considered whether the workplace environment was poisoned by harassment. It found insufficient evidence to establish that a poisoned work environment existed, as the employer was not informed of the harassment during the applicant’s employment. The Tribunal noted that for a work environment to be considered poisoned, the employer must have had knowledge of the harassment and failed to take appropriate steps to address it.

Implications for Employers and the Duty to Investigate

This decision underscores the importance of having clear and effective reporting mechanisms for harassment and discrimination in the workplace. Employers must ensure that all employees are aware of how to report such incidents promptly. Clear reporting procedures help address issues as they arise, preventing delayed complaints and potential legal complications.

Maintaining thorough documentation of all complaints and actions taken in response is crucial. This documentation is essential if disputes arise later, demonstrating the employer’s commitment to addressing harassment and maintaining a safe workplace.

Regularly updating and reinforcing anti-harassment and anti-discrimination policies is vital. Employers should provide training for all employees, including managers, to create a workplace culture that discourages harassment and supports reporting. Such training can empower employees to recognize and report harassment, ensuring timely and effective responses.

Lastly, employers must understand that the duty to investigate harassment complaints primarily applies during employment. While complaints made post-termination may not carry the same obligation, they should still be handled with care to ensure compliance with legal standards and maintain the organization’s integrity.

Creating a Safe Workplace

Employers must be proactive in creating a safe and respectful workplace. If you need guidance on developing robust harassment policies, investigating complaints, or ensuring compliance with human rights laws, contact Minken Employment Lawyers (Est. 1990) at 905-477-7011 or email us at contact@minken.com. Our experienced team is here to help you with your employment practices to ensure you understand your rights and obligations under the law.

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Please note that this article is for informational purposes only and does not constitute legal advice.