|
Please note that the following has been
taken directly from the
Commission des Normes du Quebec (Quebec Labor Standards) and applies
to workers in this Canadian province. It has been copied here for you
and it may be out of date.
Psychological harassment at work
What is psychological harassment in the work place?
Psychological harassment is vexatious behaviour that manifests itself in
the form of conduct, verbal comments, actions or gestures characterized
by the following four criteria:
They are repetitive*;
They are hostile or unwanted;
They affect the person’s dignity or psychological integrity, and
They result in a harmful work environment.
Sexual harassment at work is also included in this definition.
What is vexatious behaviour?
It is humiliating or abusive behaviour that lowers a person’s
self-esteem or causes him torment.
It is also behaviour that exceeds what the person considers to be
appropriate and reasonable in the performance of his work.
Psychological harassment may come from a superior, a colleague, a group
of colleagues, a customer, a supplier…
* A single serious incidence of such behaviour may also constitute
psychological harassment if it undermines the person’s psychological or
physical integrity and if it has a lasting harmful effect.
A few common ways in which harassment is expressed
Making rude, degrading or offensive remarks.
Making gestures that seek to intimidate, engaging in reprisals.
Discrediting the person: spreading rumors, ridiculing him, humiliating
him, calling into question his convictions or his private life, shouting
abuse at him or sexually harassing him.
Belittling the person: forcing him to perform tasks that are belittling
or below his skills, simulating professional misconduct.
Preventing the person from expressing himself: yelling at him,
threatening him, constantly interrupting him, prohibiting him from
speaking to others.
Isolating the person: no longer talking to him at all, denying his
presence, distancing him from others.
Destabilizing the person: making fun of his convictions, his tastes and
his political choices.
Management rights and normal conditions of employment
Psychological harassment must not be confused with the normal exercise
of the employer’s management rights, in particular his right to assign
tasks and his right to reprimand or impose disciplinary sanctions.
Insofar as the employer does not exercise these rights in an abusive or
discriminatory manner, his actions do not constitute psychological
harassment.
Prevention first
Prevention in the undertaking remains the best means of combating
psychological harassment. It is the employer’s responsibility to take
reasonable steps to prevent psychological harassment and to put a stop
to such behaviour when it is brought to his knowledge.
Sound management practices
Promote respectful interpersonal communication.
Manage the members of his staff fairly.
Take quick and appropriate action to manage conflicts; do not allow the
situation to deteriorate.
Clearly define the responsibilities and tasks of each employee.
Put in place in his undertaking a procedure that is known, efficient,
credible and adapted to reality, to allow persons to report cases of
harassment confidentially.
Resort, in certain cases, to specialized resources to help put a stop to
a psychological harassment situation and to prevent other such
situations from arising.
What should you do in the event of psychological harassment at work?
Wherever possible:
Talk about the problem you are experiencing with someone that you are
close to, a person that you trust. Do not remain isolated;
Express very clearly to the person who is the source of the unwanted
behaviour your wish to see such behaviour cease immediately.
Check inside the undertaking if there is a procedure making it possible
to report the unwanted behaviour confidentially.
Bring the matter to the attention of your employer who must put a stop
to this behaviour by taking appropriate steps.
The Act respecting Labor Standards provides a recourse in the event of
psychological harassment at work, which is available to every employee,
whether unionized, non-unionized, or at the senior managerial level. The
Act sets a 90-day period to file a complaint
|