Workplace harassment is not a new concept. What is new is where it happens. With hybrid and remote work now embedded in everyday operations, Ontario has made it clear that harassment does not stop at the office door or the login screen. If it happens online and is connected to work, it is a workplace issue.
Recent legislative amendments and court decisions have sharpened employers’ obligations and increased enforcement risk. The message is straightforward: virtual misconduct is real misconduct, and employers are expected to manage it.
Virtual Harassment Is Now Explicitly Covered
Effective October 28, 2024, Ontario amended the Occupational Health and Safety Act (“OHSA”) to expressly include harassment and sexual harassment that occur virtually, through the use of information and communications technology. Emails, internal messaging platforms, and video calls are all now firmly within scope.
This change was introduced through Bill 190, the Working for Workers Five Act, 2024, and removes any lingering doubt about whether digital conduct “counts.” It does. Demeaning messages, offensive chat threads, inappropriate emojis, or disruptive behaviour on video calls are no less actionable than in-person conduct.
Importantly, the OHSA’s core definition of workplace harassment has not changed: whereas it was “a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome”, it is now “engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communications technology, that is known or ought reasonably to be known to be unwelcome” [emphasis added]. A single serious incident, especially in cases of sexual harassment, may still qualify. Employers must investigate and respond appropriately, regardless of whether the conduct occurred in a boardroom or a group chat.
The Courts Are Treating Online Conduct as Workplace Conduct
Ontario courts are now deciding cases in a legal landscape where “virtual” harassment is expressly recognized, reinforcing a broad interpretation of workplace conduct.
In Metrolinx v Amalgamated Transit Union, Local 1587, 2025 ONCA 415, the Court of Appeal confirmed that sexually harassing conduct in a private WhatsApp group between employees could trigger an employer’s statutory duty to investigate, even without a formal complaint. Once an employer becomes aware of conduct that may amount to workplace harassment or sexual harassment, and there is a sufficient connection to the workplace, it becomes a workplace issue. Employers have a duty to investigate both “incidents and complaints” under section 32.0.7 of the OHSA, and internal policies stating that “the investigative process is initiated by a complaint” cannot narrow that obligation.
Similarly, in Peel Condominium Corporation No 96 v Leuzzi, 2025 ONSC 3492, the court upheld an employer’s response to persistent “digital and other forms of abuse”, including keyboard bullying, directed at a staff member, finding that it constituted unwelcome conduct. The decision reinforces that online misconduct, when connected to work, engages OHSA duties and must be addressed through proper investigation and, if necessary, corrective action.
The takeaway is simple: employers cannot rely on the informal or private nature of digital platforms to avoid responsibility, which means that it is critical to update your workplace policies and implementing training to address digital conduct if you haven’t already done so.
OHSA Now Follows the Work – Including Home Offices
Bill 190 also clarified that the OHSA applies to telework performed in or around a private residence, including the lands and appurtenances used in connection with that residence. In practical terms, this means that health and safety obligations now follow the work itself, wherever it is performed.
This brings new considerations into play for workplace health and safety in remote work environments. Virtual work can increase vulnerability to harassment, particularly where employees work alone or interact primarily through one-on-one ‑digital channels. Employers should be thinking proactively about how misconduct may arise and how it will be identified and addressed, when it happens off camera‑.
Stronger Enforcement: Administrative Monetary Penalties
As of January 1, 2026, Ontario has introduced an Administrative Monetary Penalty (AMP) regime under the OHSA. Inspectors can now impose financial penalties for non‑compliance without court prosecution, with only a short window for recipients of a notice of administrative penalty to request a review. The Ministry may also publicly disclose the names of penalized employers, the contravention, and the penalty amount.
In this environment, outdated policies and informal practices are no longer just a legal risk; they are a reputational one.
What Employers Should Do Now
To help address virtual harassment risks and evolving OHSA obligations, employers should take steps such as:
- Update policies to expressly cover virtual harassment and sexual harassment, including conduct on email, messaging platforms, and video calls.
- Align telework policies with OHSA requirements, setting clear expectations for home office ‑safety and outlining procedures for incident reporting.
- Implement and refresh training to address digital etiquette, online conduct, and reporting pathways, with managers modelling appropriate behaviour.
- Strengthen investigation protocols for digital complaints, including evidence preservation and written communication of outcomes.
- Employers are encouraged to assess how these measures apply to their workplace and to seek legal advice to ensure compliance with current legal requirements.
The Bottom Line
Ontario has effectively closed the gap between physical and virtual workplaces when it comes to harassment and OHSA obligations. Online misconduct can constitute workplace misconduct, home offices are now covered, and enforcement has real teeth. Employers who keep their policies current and aligned with the law will be far better positioned to protect their workforce and avoid learning these lessons the hard way.
If you need help reviewing workplace harassment policies, updating training, or handling workplace investigations, contact us to schedule a consultation. It is far less costly to get it right from the start than to fix it after a complaint.
Vivian Liu
Vivian Liu is an employment and labour lawyer who advises employers on compliance, workplace policies, and risk management. Known for her thoughtful, practical approach, she helps clients navigate complex issues with clarity. Fluent in multiple languages, Vivian brings a global perspective to her work and enjoys exploring new cultures, food, and community experiences outside the office.
