Workplace Bullies the Target of New Laws

Public Awareness and New Legislation Brings Hope

Jul 31, 2008

Targets of workplace bullies are gaining new tools to fight back. With public awareness, comes legislative change and hopefully soon, changing attitudes.

With increased public awareness, it is becoming understood that workplace bullying creates a substantial stain on the economy. Many organizations are setting voluntary policies to educate and train their workforce to become aware of issues involving bullying on the job, similar to programs undertaken to reduce the incidence of sexual harassment and discrimination in the workplace. For business, it may be a matter of survival.

However, education and anti-harassment programs don't solve everything, as many times a bullying culture permeates from the very top of many organizations. In June 2004, the province of Quebec has changed its Labour Standards Act to include psychological harassment on the job as a reportable offence.

Psychological harassment is defined as “… any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures that affects an employee’s dignity or psychological or physical integrity and that results in a harmful work environment for the employee …". Even a single incident with lasting psychological effects can also be included within this definition.

This legislation, which is based on a similar model to a labour or human rights tribunal, allows people to file complaints, employers to file a response and steps are taken to investigate the complaint and where it is not negotiated to settlement or withdrawn/dismissed on other grounds, it is referred for a full hearing. According to Michael Fitzgibbon, of Bordner Ladner Gervais, in his 2007 article to the CBA newsletter, since the law’s inception in 2004, there were about 5,000 complaints filed, 320 were referred to the tribunal for a hearing and 15 cases have been rendered.

In one case, a Quebec arbitrator determined that a female was psychologically harassed when her supervisor regularly used profanity and intimidation tactics, citing he could force her to do whatever he wanted, including washing toilet bowls. In another case, a machinist was forced to sweep floors in front of his peers, instead of attending to his regular skilled duties. These are examples of workplace harassment and humiliation that might not pass traditional ‘human rights’ standards, but can be reported under Quebec’s new law.

While Ontario has yet to set its own law protecting employees from psychological harassment, the courts have effectively prohibited this tactic through a number of cases, where employers were forced to pay substantial damages to targeted employees as a result of unilateral actions, persistent harassment and humiliation, e.g. Sulz v. Minister of Public Safety and Solicitor General (2006), 54 C. C. E. L. (3d) 190; Amaral et al. v Canadian Musical Reproduction Rights Agency (2007) CanLII 46701 (Ont. S.C.), and Shah v Xerox Canada Ltd. (2000) O.J. No. 849 (C.A.). Lawsuits can be filed against an employer that concedes to workplace bullies under the claim of constructive dismissal.

While litigation and legislative change is always important, public education and speaking out against workplace abuse is vital in all communities. One of the reasons why many bullies continue to bully is because they can; in an environment where key managers and employees are not penalized for their actions, they are not held accountable. With more and more people speaking out and utilizing the resources of the Internet and the community, as well as lobbying for legislative changes, it will soon become unacceptable to continue to manage a workplace on the basis of intimidation and harassment.

The copyright of the article Workplace Bullies the Target of New Laws in Canadian Provincial Affairs is owned by Angela Browne. Permission to republish Workplace Bullies the Target of New Laws in print or online must be granted by the author in writing.