Quebec deals with the broad matter of
psychological harassment in labour standards legislation.
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.
Ensure that the employer you advise has an effective policy against
psychological harassment in the workplace
The Manitoba government enacted measures to protect employees against
psychological harassment in the workplace.
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.
Not exact matches
Sexual
harassment in the workplace is a pervasive, chronic problem that can cause enduring
psychological harm, according to the president of the American Psychological
psychological harm, according to the president of the American
PsychologicalPsychological Association.
It can even reach the level of stalking or
harassment if there are
psychological problems inherent
in the rejected individual.
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).
A community where all students feel free from bias, discrimination, and
harassment is a place where bullying is less likely to occur, where it will be handled
in ways that seek to understand and address students» real needs, and where children's cognitive and
psychological resources are freed up to focus on learning.
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.
In Quebec, employees will also benefit from stipulations prohibiting workplace
psychological harassment.
Examples provided
in the brochure issued by the government explain that this type of
harassment can be «severe, repeated conduct that adversely affects a worker's
psychological or physical well being» or «a single occurrence, if shown to have a lasting, harmful effect on a person.»
Moreover, it explains that bullies may experience
psychological problems
in adulthood that can lead to behaviour such as
harassment at work and spousal or child abuse.
[18]
In Dudgeon, the European Court of Human Rights recognised the «fear, suffering and psychological distress directly caused by the very existence of the laws in question, including fear of harassment and blackmail», [19] and in Norris the Strasbourg Court further noted: [2
In Dudgeon, the European Court of Human Rights recognised the «fear, suffering and
psychological distress directly caused by the very existence of the laws
in question, including fear of harassment and blackmail», [19] and in Norris the Strasbourg Court further noted: [2
in question, including fear of
harassment and blackmail», [19] and
in Norris the Strasbourg Court further noted: [2
in Norris the Strasbourg Court further noted: [20]
The Zochem decision must also be read
in the context of the recently expanded employer obligations under the Ontario Occupational Health and Safety Act relating to investigations of workplace sexual
harassment, and corresponding employer duties regarding employee
psychological health.
For example,
in a case of sexual
harassment, the Human Rights Tribunal may order the employer, landlord or service provider to: apologize, establish a sexual
harassment policy, post notices which say sexual
harassment is illegal, pay an individual for lost wages and
psychological harm, and / or reinstate an employee to a position.
This unprecedented social phenomenon could definitely have an impact on labour relations, since Quebec's Labour Standards Act imposes stringent obligations on employers
in connection with
psychological and sexual
harassment.
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.
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.
This obligation also applies to any instance of sexual
harassment, as the latter is included
in the definition of
psychological harassment.
The one thing I would like to see is a complaint avenue to the police
in cases of
psychological harassment.
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.
Our civil litigators deal with complex issues
in areas such as civil liability (product liability, bodily and
psychological injuries, material damages and economic loss), business contracts, professional regulation and liability, defamation, commercial litigation and extraordinary remedies, disputes relating to successions, wrongful dismissal actions, and claims of discrimination, sexual
harassment and breach of fiduciary duties.
In Graham v Shear Logic Hairstyling, an employee was awarded $ 11,400 representing general damages for denigration of her dignity and self - respect, and for psychological and emotional harm she experienced due to discrimination in employment on the grounds of sex and sexual orientation, in addition to sexual harassment... [mor
In Graham v Shear Logic Hairstyling, an employee was awarded $ 11,400 representing general damages for denigration of her dignity and self - respect, and for
psychological and emotional harm she experienced due to discrimination
in employment on the grounds of sex and sexual orientation, in addition to sexual harassment... [mor
in employment on the grounds of sex and sexual orientation,
in addition to sexual harassment... [mor
in addition to sexual
harassment... [more]
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.