Psychological harassment in the workplace is a major and delicate challenge in the legal landscape of labour in Quebec. Legislation, although it clearly delineates this problem, often leaves employers and employees uncertain as to the understanding of reciprocal rights and duties as well as the legal solutions within their reach.
The objective of this article is to shed light on the grey areas… What exactly does the concept of psychological harassment mean according to Quebec texts? How to identify a worrying situation? What are the employer’s obligations? And finally: what means of action are available to those who have been harmed?
What is psychological harassment under Quebec law?
The legislation in force, through the Act respecting labour standards, qualifies psychological harassment as vexatious conduct characterized by repetitive behaviour, comments or actions that may be perceived as hostile or undesirable. These manifestations harm the moral or physical integrity of the employee and poison the work atmosphere.
It should be noted that an isolated act can also be assimilated to harassment when it inflicts deep and persistent harm… Concrete examples include: derogatory or degrading comments; deliberate ostracism or sidelining of an employee; oppressive surveillance or unreasonable pressure; damage to personal reputation; not to mention intimidation or verbal threats.
A crucial point must be emphasized: for an attitude to be recognized as harassment, there is no need for the intention to harm to be established. The impact felt by the victim is the decisive criterion.
The employer’s obligations
In Quebec, the employer has a legal obligation to provide a healthy workplace free of harassment. This responsibility includes:
Prevent harassment: by implementing a clear policy, training, and a healthy organizational culture.
Intervene quickly in the event of a complaint or a situation of concern.
Protect the confidentiality of the complainant and the person who is the subject of the complaint.
Do not tolerate reprisals against those who make a complaint or cooperate in an investigation.
Failure to comply with these obligations may result in the employer’s liability, even if the employer is not directly responsible for the alleged acts. An employer can be held responsible for a toxic climate or for being negligent in the face of signs of harassment.
Recognize the signs and take action
Harassment at work can manifest itself in an insidious way, gradually interfering in daily professional life. It is therefore crucial to remain vigilant against certain indicators:
- Psychological distress that does not fade over time,
- A growing sense of isolation among colleagues,
- A recurring apprehension at the idea of going to work,
- A gradual erosion of self-confidence,
- The emergence of physical disorders, often indicative of stress (such as insomnia or headaches, etc.).
As an employee, if you have reason to believe that you are facing psychological harassment, here are some recommended steps:
Document incidents: Keep an accurate record of the highlights – note the dates, the context and the people present. Do not hesitate to raise the issue with a line manager or a member of Human Resources.
If your company has an ad hoc procedure, do not hesitate to file an internal complaint.
Finally… If these measures do not bear fruit and the situation persists, consider contacting a lawyer specializing in labour law , the CNESST , to initiate a formal procedure.
The CNESST complaint process
An employee who believes he or she is a victim of harassment may file a complaint with the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) within 2 years of the last manifestation of the harassment.
Here are the key steps:
Filing the complaint : with the CNESST.
Preliminary analysis : the CNESST assesses whether the complaint meets the legal criteria.
Mediation (optional): if both parties agree, an attempt at an amicable settlement is proposed.
Investigation : If mediation fails, the complaint is referred to the Administrative Labour Tribunal (TAT).
Decision of the ALT : the court may order corrective measures (reinstatement, financial compensation, mandatory training for the employer, etc.).
Role of trade unions and other remedies
In a unionized environment, recourse can also be done through a union grievance, depending on the provisions of the collective agreement. It is recommended that you consult your union representative as soon as signs of harassment appear.
In addition, certain situations of psychological harassment may also be the subject of a complaint under the Charter of Human Rights and Freedoms if they involve discrimination based on a prohibited ground (sex, ethnic origin, disability, etc.).
Psychological harassment or difficult management?
It can be difficult to distinguish between meticulous supervision and oppressive supervision. Let’s take a concrete example: a manager is entitled to…
- set deadlines,
- require quality workmanship,
- offer constructive feedback
- rectify mistakes made,
- Reject certain leave requests.
However, these practices, although they may cause dissatisfaction, do not fall into the category of harassment as long as they are carried out with consideration and are part of the legitimate framework of managerial functions.
On the other hand… If these behaviours prove to be disproportionate, discriminatory or degrading, they could cross the delicate threshold of psychological harassment. In this evaluation (which is never to be taken lightly), three key elements must be scrutinized: the specific context of the actions, their repetitive nature and the influence they exert on the individual concerned.
How OLS can help
Navigating a situation of psychological harassment at work can be intimidating, especially when you fear reprisals or job loss. Whether you are an employee or an employer, OLS Employment Law Lawyers in Montreal can accompany you every step of the way.
For employees, we offer a confidential assessment of your situation, the drafting of letters of formal notice, and representation before the CNESST or the Administrative Labour Tribunal.
For employers, we help establish clear policies, manage internal complaints, limit the risk of disputes, and train your managers on their legal obligations.
Our mission is to restore the balance, while respecting everyone’s rights. If you are facing a harassment situation or want to avoid inadvertently creating one, contact OLS today.
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