Swann Law

Nearly half of women and three in 10 men in Canada report experiencing some form of harassment or sexual assault in the workplace, according to data from Statistics Canada.

If you’re experiencing harassment, sexual assault or any other type of workplace misconduct, here are five tips for keeping detailed records of incidents to support your case.

𝟭. 𝗗𝗼𝗰𝘂𝗺𝗲𝗻𝘁 𝗲𝘃𝗲𝗿𝘆𝘁𝗵𝗶𝗻𝗴: Write down what happened as soon as possible after the incident. Include dates, times, locations and names of people involved.

𝟮. 𝗕𝗲 𝘀𝗽𝗲𝗰𝗶𝗳𝗶𝗰 𝗮𝗻𝗱 𝗼𝗯𝗷𝗲𝗰𝘁𝗶𝘃𝗲: Describe the incident in detail, focusing on facts rather than opinions. Avoid emotional language and stick to what you experienced and observed.

𝟯. 𝗣𝗿𝗲𝘀𝗲𝗿𝘃𝗲 𝗽𝗵𝘆𝘀𝗶𝗰𝗮𝗹 𝗲𝘃𝗶𝗱𝗲𝗻𝗰𝗲: Save all relevant emails, texts and messages. Organize them by date to create a clear timeline of events.

𝟰. 𝗖𝗼𝗹𝗹𝗲𝗰𝘁 𝘄𝗶𝘁𝗻𝗲𝘀𝘀 𝘀𝘁𝗮𝘁𝗲𝗺𝗲𝗻𝘁𝘀: If colleagues witnessed the incident, ask them to write a statement. Include their contact information and any relevant details they provide

𝟱. 𝗥𝗲𝗽𝗼𝗿𝘁 𝘁𝗵𝗲 𝗶𝗻𝗰𝗶𝗱𝗲𝗻𝘁: Report the incident to HR or a trusted supervisor as soon as possible. Make a note of when and how you reported it.

Thorough records can significantly strengthen your case and provide essential evidence if you decide to take legal action.

Remember, you are not alone in this. We understand how overwhelming and stressful these situations can be. If you need guidance on what steps to take next, an experienced employment lawyer can explain your options.

Bullying, harassment, unreasonable workloads and chronic stress are all hallmarks of a toxic workplace.

While there’s no official system to label a work environment as toxic, employees need to assess if it feels harmful and unhealthy for them.

Recognizing these signs early is crucial, as it allows employees to take action to protect their well-being and seek necessary changes or support.

If you’re dealing with a poisoned work environment and considering filing a legal claim for constructive dismissal, here are a few tips to keep in mind:

𝗗𝗼𝗰𝘂𝗺𝗲𝗻𝘁 𝗲𝘃𝗲𝗿𝘆𝘁𝗵𝗶𝗻𝗴: Keep detailed records of all incidents of harassment, bullying, and any unreasonable actions by your employer. This documentation can serve as crucial evidence.

𝗥𝗲𝗽𝗼𝗿𝘁 𝘁𝗵𝗲 𝗶𝘀𝘀𝘂𝗲𝘀: File a formal complaint with HR or higher management to show that you have attempted to resolve the issues internally.

𝗦𝗲𝗲𝗸 𝗹𝗲𝗴𝗮𝗹 𝗮𝗱𝘃𝗶𝗰𝗲: Consult with an employment lawyer to understand your rights and the strengths and risks of a legal claim, including the emotional and financial impact.

Navigating a toxic work environment is challenging, but knowing your rights and taking informed actions can help you protect yourself and seek the justice you deserve.

If you need assistance, feel free to reach out to our team for guidance and support.

With Canada Day just around the corner, we come together to celebrate the rich heritage, stunning landscapes and cultural diversity that make our country so unique.

As we enjoy the festivities, let's reflect on our shared history and look forward to a future where all Canadians thrive.

Happy Canada Day and enjoy the long weekend! 🍁