Psychological harassment in the workplace is not just a quarrel between colleagues; It is a toxic reality that corrodes the integrity of our professional environments.
In Montreal, this problem is not limited to the worried murmurs in the corridors of companies; It is prominent in debates about mental health and safety in the workplace.
Victims, often isolated and demoralized, may feel trapped in a vicious cycle where their well-being is constantly undermined.
However, it is crucial to remember that legal remedies exist and are available to break this oppressive silence.
Let’s try to explore the legal avenues available to Montreal employees facing psychological harassment.
and provide a clear and methodical overview of the options available to those seeking justice and reparation.
Understanding psychological harassment
Psychological harassment is characterized by malicious behaviour (words, acts, repetitive gestures) that undermine the dignity or psychological or physical integrity of a person, thus creating a harmful work environment.
Quebec’s Act respecting labour standards provides a strict legal framework: all employers must take reasonable measures to prevent harassment and, when it is brought to their attention, put an end to it.
Victims must first clearly identify the behaviour they have experienced as harassment.
This often involves consulting the company’s internal policies or seeking the help of a labor lawyer.
It is important to document each incident accurately: dates, times, possible testimonies…
This information will be crucial when it comes to establishing the veracity of the facts before a judicial body.
Awareness and ongoing training for employees and managers is also an essential part of the fight against harassment.
It is imperative that everyone is aware of their rights and obligations in order to ensure that the professional environment remains respectful and safe.
Report the problem
When an employee believes that he or she is a victim of psychological harassment, his or her first recourse is often to report the situation to human resources or to a designated person in the company (ombudsman, prevention advisor).
A formal complaint must be filed according to the internal procedures put in place by the employer.
If these internal steps do not lead to a satisfactory resolution of the dispute (or if the employee fears reprisals), he or she can then turn to the Commission des normes du travail (CNT).
The CNT offers a free mediation service; But be careful: there is a prescribed period of time to act – generally 90 days after the alleged act. It is also necessary to examine whether the case falls under the jurisdiction of other bodies such as the Administrative Labour Tribunal (TAT) or even the Charter of Human Rights and Freedoms.
In certain extreme cases where there is evidence of a serious violation of fundamental rights, legal action could be considered…
Legal procedures
When internal channels fail or are non-existent, legal proceedings may be necessary.
The TAT may be asked to examine the complaint from the perspective of the Act respecting labour standards.
The process usually begins with an attempt at conciliation between the parties; If this fails, a hearing will be scheduled before an administrative judge.
For those who decide to take this legal route, it is strongly recommended to consult a lawyer specializing in labor law.
Although this can represent a significant financial investment (fees vary depending on several factors), the expertise of a qualified professional can make all the difference in the outcome of the dispute.
In addition to the TAT, there are also civil remedies; in particular for damages related to stress or suffering endured (“moral damage”).
Here again…
A well-constructed case supported by tangible evidence will be essential to convince the court of the legitimacy of the claims.
Psychological support and accompaniment
The emotional impact that a legal journey can have on a victim of harassment should not be underestimated.
The support of a therapist or a support group specializing in these issues can be an essential refuge from the procedural turmoil.
Organizations such as Employee Assistance can offer advice and assistance throughout the process.
In addition…
Various government programmes also offer assistance in the form of facilitated access to free or subsidised legal services (legal aid).
It is therefore necessary not only to seek redress through legal channels but also…
Take care of your mental health during this potentially challenging journey; because after all…
Justice is not limited to the courtroom but also encompasses the overall well-being of the individuals involved.
Prevention: The keystone against bullying
Prevention is better than cure: this popular adage is particularly relevant in the context of psychological harassment in the workplace.
Establishing an organizational culture based on mutual respect is essential to prevent these situations from occurring.
OLS’s lawyers are at your disposal to enlighten and support you in such cases.
Regular training for employees on their rights and responsibilities plays a major role in this preventive dynamic.
Besides…
The periodic evaluation of anti-harassment policies will allow them to be constantly updated in the face of the changing realities of the world of work.
Ethical leadership by leaders inspires trust and encourages people to conduct themselves with integrity.
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