The presence of "pin-up girls and scantily clad models" over a workplace is "unprofessional," but is not bullying or harassment.
The use of "sexually explicit language" of and about "women and alternative lifestyles" is "inappropriate," but is not bullying or harassment.
Mozoginistic comments about "While working with women" are "upbringing," but are not bullying or harassment.
Being physically swarmed by members of the public and called dyke in the workplace, "unwelcome" behaviors are not bullying or harassment.
And none of them was not a reason for a worker diagnosed with anxiety, depression, and post-traumatic stress to gain a chronic mental pressure, according to a final decision by the Workplace Safety and Insurance Board.
"They don't try and pretend that it can't happen. They just dismissed it."
While the decision made by the stars does not dispute wardle's experiences with this work, you say "pressure is in response to interpersonal conflict," which is not covered by the board's chronic mental pressure policy.
"Interpersonal conflict is a typical feature of normal employment and is generally not a good work-related stress-reliever," the decision reads.
In a statement to the star, board spokesperson Christine Arnott, the VSIB wanted "someone to deliver work-related chronic mental pressure (CMS) to get the help and support they need."
The last-year policy of expanding coverage coverage to cases where employees experience "substantial work-related stresses" and abusive workplace behaviors that rise to the level of workplace harassment. Under this policy, workers are not subject to chronic pressure compensation for "typical" features of employment, including problems of discipline, demotics, transfers or termination.
"When we look at the claims we have to consider all the facts and circumstances surrounding the events and allegations, including any actions the landlord has taken to address those issues," asserted.
"The definition of harassment that gives our decisions and is included in our CMS policy is consistent with the Occupational Health & Safety Act (OHSA) and the guidance of the Ontario Human Rights Commission."
Wardle's lawyer, Laura Lunansky of the Toronto-based legal clinic, Injured Worker Consultants, said she was "surprised" by the board's decision.
"And not much surprises we anymore about decisions," she said.
"It was surprising because of its face, it doesn't make sense in a way I think shows a complete lack of understanding of the human code, and of what a toxic workplace might look like," Lunansky added.
"You have comments that I think no reasonable person would recognize the evidence of discrimination on the cause of sexual and sexual orientation".
Wardle's claim dates back to the middle & # 39; 90s when she started working in the public works for the City of Nepean. As one of the only women in the workplace, she was repeatedly subjected to sexually explicit comments, references to her sexuality, pornographic material in the workplace, and physical harassment and intimidation, including being grabbed and followed in women's washrooms, according to You claim.
The deepening point was "swamped and severely opposed" by members of the public while working in a hockey arena in 2002, after leaving on sick leave and subsequently diagnosed with anxiety, depression and post-traumatic stress disorder.
According to the decision of WSIB, Wardle & # 39; s concern with her workplace did not report to her employer until she was hired into a permanent position, and a subsequent investigation found in "healthy workplace free of harassment."
Wardle has repeatedly raised her concerns with management, who initially took some steps to address these issues. But when Neepan was amalgamated with the City of Ottawa, she said that the layer of management had disappeared and some of her harassers were being promoted.
"That's when the retaliation began," she said. "I tried and returned to work, but this did not take long as this delay just stifled".
The sexually explicit behavior, the myoginistic and the dermoratory comments she experienced were not constituting sex or murder harassment, the decision of the VSIB. As for being repeatedly included in the women's bathroom, the decision made her host "noted that the women's rooms were used by the male staff out of convenience.
"While Ms. Worth reported reportant physical harassment and intimidation by her co-workers, I find the incidents of blocking her way of traveling and bumping you into stairs do not provide evidence of abusive or harassing behavior," it adds.
Critics have shown that the acceptance criteria for chronic mental pressure are too tight. Workers for chronic mental stress, for example, must prove their workplace is the "predominant cause" of their illness – while workers with physical injuries must simply show their workplace was a significant contributing factor.
As first reported by the star, an internal VSIB check shows that 94% of chronic mental pressure claims were denied between January and May.
Previously, workers can only seek compensation for mental health injuries caused by an incident of tremendous, not the triggered by ongoing harassment or trauma in their workplace – which advocates and legal experts described in a 2016 Ombudsman complaint as unconstitutional and discriminatory. Further legislative reforms, the board subsequently changed its policy to leave chronic mental pressure.
Initially, the new policy only covered claims from January 2018. It was amended to allow retroactive claims following a trial involving Wardle's case, launched by well-known Toronto-based labor law firm Goldblatt Partners.
Wardle and Lunansky plan to appeal this recently claim.
"The (chronic mental stress) policy is floods, we know that and we will challenge that," said Lunansky.
"But even in this policy, this should be allowed because it is just a case of harassment and a poisonous work environment and incidents that go way beyond interpersonal conflict."
Ontario's Human Rights Code provides harassment – or unwanted comments and practices that are offensive, embarrassing, humiliating, demeaning, or sexual – and the creation of a "poisonous environment" that is considered a form of discrimination.
Wardle said she was in charge of human rights commissioning while she was still working, and said the content she had described was "sexual harassment" and should not be in my workplace. "
"My career is gone now, I really loved it. I was really proud of what I was living for. Losing that was a huge loss," Word said.
"So at this point I figure out how to keep on fighting. That's what I'm left of."
Sara Modzhetheedzadeh is a Toronto-based reporter covering work issues. Follow her on Twitter: @ saramojtehedz