Private, off hours text messages can become workplace issues
In the 2025 decision Metrolinx v. Amalgamated Transit Union, Local 1587 (2025 ONCA 415), the Ontario Court of Appeal upheld an earlier ruling that set aside an arbitral award reinstating five employees. Those employees had been dismissed after internal investigators discovered derogatory, sexist messages they exchanged in a private WhatsApp group on their personal phones, in violation of Metrolinx’s Workplace Harassment and Discrimination Prevention Policy.
Although no formal complaint was ever lodged, human-resources staff learned of texts targeting a female colleague—falsely accusing her of trading sexual favours for promotions—and launched an inquiry.
The woman confirmed she was distressed by the messages but declined to press charges.
Metrolinx’s Policy explicitly reaches “harassment and discrimination which occurs outside the workplace but which is having a negative impact within the workplace,” and it also covers “harassment and discrimination through social media where it is established that the impact … is being manifested within the workplace.”
Reviewing the arbitrator’s decision afresh, the Court of Appeal concluded that the employees’ comments plainly fell within the definition of workplace sexual harassment, that Metrolinx was obliged by statute to investigate even absent a complaint, and that conduct originating off-site becomes a workplace issue if it carries into the work environment.
Addressing the arbitrator’s view that Metrolinx lacked authority to probe personal-phone communications with no apparent workplace fallout, the Court stated:
“… a victim’s reluctance to complain about sexual harassment does not relieve an employer of its statutory duty to investigate if an incident comes to its attention. … These were errors in light of the statutory framework governing workplaces.”
Accordingly, the Court confirmed the Divisional Court’s directive sending the dispute back to the grievance process for a new hearing before a different arbitrator.