Psychological harassment
Preventing harassment
Several recent events have made headlines and highlighted toxic workplace climates within certain businesses and/or government services.
Indeed, the concept of "bullying" is being discussed more and more. We may think this behavior is limited to school settings, but the reality is different: it also exists among adults and can lead to very serious consequences.
We therefore believe it is essential to raise employers awareness of psychological harassment in the workplace. Under the law, there is "harassment" when one or more people engage in repeated hostile or unwanted behaviors, words, actions, or gestures toward an employee. These actions must undermine the employee dignity or integrity and create a harmful work environment.
Contact usHarassment vs conflict
A key element of harassment is repetition. The conduct of the harassing person(s) must be repeated. However, a single serious act (for example, a death threat or physical altercation) may still constitute harassment if it creates an ongoing harmful work environment for the targeted employee.
On the other hand, care must be taken not to confuse harassment with conflicts between employees, or with a managers legitimate management rights. Normal workplace conflicts, such as personality clashes between employees or power struggles with an employer, do not amount to harassment.
Nevertheless, it is important to encourage your employees to report conflict situations to you or one of your representatives, since the law imposes a duty to prevent psychological harassment. You must take preventive action in the workplace, including adopting a policy against psychological harassment.
Seasoned lawyer-mediators, dedicated to resolving your disputes with attentiveness, respect, and professionalism.
Contact usSeasoned lawyer-mediators, dedicated to resolving your disputes with attentiveness, respect, and professionalism.
Me Bruno-Pierre Allard
Lawyer, CRIA, ECH, Arbitrator, Investigator and Accredited Mediator
Expertise : Labour Law Litigation and Investigations, Arbitration
Seasoned lawyer-mediators, dedicated to resolving your disputes with attentiveness, respect, and professionalism.
Me Samuel Audet
Lawyer and Accredited Investigator
Expertise : Labour Law Litigation and Investigations
Psychological harassment
In a psychological harassment situation, you have three options:
1. Prevent
Training, coaching, and having a policy against psychological harassment and for conflict resolution will help you prevent conflicts.
2. Manage
When a situation is reported to you, it must be addressed by starting with an internal or external investigation to clarify the facts.
3. Learn
You can learn how to approach a psychological harassment situation by using our mediation services. This service facilitates communication between the parties involved and allows them to develop constructive feedback on the conflict that led to harassment.
Our firm also offers a free in-company "lunch-and-learn" service to explain to your employees the key aspects of harassment, how to detect it, how to prevent it, and how to react when we are witnesses or victims.
