Psychological harassment refers to actions or behaviors that intentionally harm a person mentally or emotionally. It involves repeatedly disturbing, intimidating, or targeting someone's thoughts, emotions, or self-esteem.
Full definition
This obligation also applies to any instance of sexual harassment, as the latter is included in the definition
of psychological harassment.
The relevant provision of the collective agreement regarding bullying /
psychological harassment required the employer to investigate formal complaints of harassment, but it did not provide for any remedies for the harassment itself.
It is essential that any complaint made to the employer be dealt with internally as expeditiously as possible, as the time limit for filing an official complaint with the CNESST is very short: Any person wishing to file a complaint regarding
psychological harassment at work must do so within 90 days following the last incidence of the offending behaviour (according to s. 123.7 of the act).
Workers now have to right to
claim psychological harassment in a way that they previously couldn't — that is, they are no longer limited to claiming harassment based upon specific prohibited grounds like age, race or gender.
Frequently involved in files involving both unionized and non-unionized employees, she advises businesses and organizations on a range of issues such as the interpretation and application of collective agreements, the imposition of disciplinary sanctions,
handling psychological harassment complaints, drafting and applying employment agreements and dealing with claims for dismissal without cause.
The act
defines psychological harassment 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 integrity and that results in a harmful work environment for the employee.»
It should also be noted that an employer must also protect its employees in any situation
constituting psychological harassment brought about or created not only by an employee or a manager but also by a person not in its employ.
The Labour Standards Act imposes a two - pronged obligation on every employer: Take all reasonable means to
prevent psychological harassment, and put a stop to any instance of it as soon as it comes to the employer's attention.
The Bill amends the current section 123.6 of the Act, which provides for employee recourse in the event of
psychological harassment within 90 days of the event to the CNESST.
The article cites one example of a forced reorganization that is thought to have provoked around thirty suicides in 2008 and 2009 among the 100,000 employees, with an investigation into allegations of
psychological harassment by the CEO.
Under Quebec's Act respecting Labour Standards,
psychological harassment at work is defined as «vexatious behaviour in the form of repeated conduct, verbal comments, actions or gestures: that are hostile or unwanted; that affect the employee's dignity or psychological or physical integrity; or that make the work environment harmful.»
If the employer does not succeed in convincing the court that it took appropriate measures to prevent or put a stop to the harassment, it may be ordered to pay damages, pay the costs of the hearing or to put in place a sensitization and training program
on psychological harassment.
With an original screenplay brimming with quotable lines and memorable scenes (the «out of tune» episode is one of many uproarious highlights) and assured direction of a young man's dissent into a dangerously taxing obsession, while effectively portraying the effects
of psychological harassment, Chazelle will be one of the year's biggest talking points (not unsimilar to Benh Zeitlin, but in my opinion, more deserved).
In Quebec, the first province to legislate a prohibition on «
psychological harassment» at work, the Labour Standards Tribunal listed some examples of bullying as rude, degrading or offensive remarks, spreading rumours, ridicule, shouting abuse, belittling employees, ignoring them or making fun of their personal choices.
Among others, he has litigated cases relating to wrongful dismissal, constructive dismissal,
psychological harassment, privacy issues and injunctions to enforce restrictive covenants and confidentiality agreements.
The legal solution often depends on the nature of the conflict: it may involve an employment agreement or a work contract, firing or layoffs,
psychological harassment, an occupational injury, a breach of labour standards, a non-competition clause or a non-solicitation clause.
Implement remedial measures as soon as a complaint or report of
psychological harassment is received, where appropriate
The parent's conduct that provoked the lawsuit was described as «failed to investigate», «failed to take steps to remedy», «failed to take reasonable care to prevent», «failed to take disciplinary action» and «failed to discharge their duty to prevent the continuous physical and
psychological harassment.»
Psychological harassment should be included in the criminal code.
Psychological harassment is a cancer in the workplace.
Since this was a serious incident that had some enduring and harmful consequences for the employee, the Commission allowed
the psychological harassment complaint.
Recently, I wrote about how courts are recognizing the effects of personal and
psychological harassment in the workplace and awarding tormented employees with significant damages for mental distress.