Fighting workplace bullies

By Tamar Satov
Illustration: Seth

Recent changes to Quebec’s Labour Standards Act may have workplace bullies — and their employers — shaking in their shoes.

The amendment, which came into effect June 1, obliges Quebec employers to take reasonable action to prevent or stop existing psychological harassment in the workplace, including bullying, abuse of power, sexual or racial harassment or any vexatious or humiliating behaviour that lowers a person’s self esteem or causes torment.

It also provides recourse for employees who have been harassed, starting with informing their employer or Quebec’s Commission des normes du travail, which will investigate the complaint or recommend mediation. The case could then be referred to a tribunal that has the power to reinstate an employee or award back pay, fees for psychological support and financial damages.

“Harassment in general is prohibited throughout Canada in the human rights code, but this new provision is different in that it is specific to the workplace, has a definition of psychological harassment and the recourse is defined,” says Marie-Hélène Jetté, a partner at law firm Ogilvy Renault in Montreal. “It will make it easier for people to come forward and to have their rights respected.”

The revised legislation also extends to clients, customers, suppliers or anyone else employees deal with for work — a key point for CA firms. “Our clients are now informed by letter that we expect they will deal with our employees properly,” says Michel Delisle, director of human resources at RSM Richter in Montreal.

Other Canadian jurisdictions may implement similar changes to their labour laws, but will likely wait to see how cases unfold in Quebec first. Says Jetté: “At the beginning, we should expect some unfounded complaints. If, for example, your employer says you need to improve your performance or risk being fired, that may feel like vexatious behaviour to you, but it’s not harassment.”