Psychological harassment in the workplace is an increasingly widespread phenomenon that generally ends in a war in which the most credible version wins, often that of the employee or his employer. It is therefore important to call upon a specialized lawyer as soon as you are a victim of such behavior in order to initiate adequate legal proceedings.
If you still have doubts about the behavior you are being subjected to, in this article we detail the various manifestations of moral harassment at work, as well as its consequences. We also explain how to react to such a situation in order to be sure to claim your rights in a legal manner.
What is psychological harassment?
Psychological harassment is defined by the Act respecting labour standards as “vexatious behavior in the form of repeated and hostile or unwanted conduct, which affects the dignity or the psychological or physical integrity of an employee’’.
Psychological harassment can take the form of words, acts or gestures of a sexual nature. If a single conduct occurs, but affects the employee in a chronic manner, it is considered psychological harassment, even without the notion of repetition, because this conduct has affected the victim’s integrity.
Manifestations of psychological harassment at work
Psychological harassment can manifest itself in various ways at work:
- Intimidation and threats
- Violence and blackmail
- Harassment (racism or sexism)
- Repeated insinuations or insults
- Unsubstantiated accusations
- Skill deprivation
- Humiliation and abuse of power
- Sabotage
- Etc.
Sometimes, psychological harassment takes the form of repeated and deliberate acts that affect one or more workers, such as discrediting a person or depriving them of their right to express themselves. Some harassers may also be hostile or violent towards an employee, or they may try to ridicule the employee and put him or her under continuous pressure.
In any case, if you want to know if a situation is harassment, it must meet four criteria:
- Repetitive or severe vexatious conduct
- A hostile character
- An attack on the dignity or physical or psychological integrity
- A harmful work environment
What are the forms of harassment at work?
Who are the actors in situations of psychological harassment at work?
In a situation of psychological harassment in the workplace, there is the perpetrator (or perpetrators) of the harassment and one or more victims. There may also be witnesses to this act. They play a very important role and encourage the repetition of this situation through their silence.
It is important to denounce such an act of psychological or sexual harassment to prevent its longevity over time. A triangular relationship is therefore created between the harassers, the victims and the witnesses:
- The harasser asserts himself through force and aggressiveness and drags the witnesses to become his accomplices, generating a collective domination over the victim.
- The victim does not find the desired help from her colleagues and, in terror, prefers to isolate herself from the work group.
- The witnesses who do not report this behavior encourage the aggressiveness of the harasser.
Harassers can be colleagues, subordinates, superiors or people who are in the workplace (suppliers, students, customers, family, etc.). If the situation occurs between employees or workers within the same company, it is called internal psychological harassment, but if the harasser does not work in the company, it is called external harassment.
In the case of internal psychological harassment, it is referred to as horizontal psychological harassment if the perpetrator and the victim are both at the same hierarchical level. If the perpetrator is a superior of the victim, it is a case of vertical harassment. The perpetrators of such behavior satisfy a desire for power by humiliating a victim.
The consequences of psychological harassment at work
Without adequate intervention in the workplace, the consequences of psychological harassment can cause physical or psychological health problems for victims, such as anxiety, depression, adjustment difficulties, post-traumatic stress, or even suicide.
Impact on victims
Victims of psychological harassment at work pay a high price. These vexatious behaviors lead to a drop in self-esteem and ongoing discomfort. These people no longer want to go to work, which explains the high absenteeism and sometimes even the resignation or desire to leave.
Among the psychological consequences on the victims, we cite:
- Psychological distress
- Anxiety and irritability
- Depression with suicidal risk
- Post-traumatic stress disorder
- Sleep disorder
- Chronic asthenia
- Medication abuse
- Stress and cardiovascular diseases
- Headache and nausea
- Etc.
Impact on harassers
The Act respecting labour standards places a great deal of importance on the victim’s experience in a situation of psychological harassment, without attaching too much importance to the perpetrator’s intentions. If a complaint is substantiated, the perpetrator may be subject to certain sanctions, including dismissal. Harassers always end up leaving a trail that inculpates them.
The impact of psychological harassment on witnesses
Witnesses of psychological harassment in the workplace often experience ongoing stress in their hostile work environment. This eventually leads to resentment towards the organization, resulting in a vicious cycle of stress and anxiety.
Some of the consequences of harassment on witnesses include:
- Denial or guilt
- Powerlessness
- Loss of motivation
- Anger
- Etc.
What happens to the company?
Many repercussions can result from situations of harassment within a company since it affects many members of the organization. In Quebec, all employers have a legal obligation to fight against psychological harassment in the workplace and are required to protect the health of their employees. It is the company’s reputation that is at stake in case of failure or negligence.
A company that has failed to meet its obligations may face action by an administrative tribunal, such as compensation for the victim. In addition, the individuals affected by this situation increase the rate of absenteeism or presenteeism in the company. This results in a degraded work environment and multiple costs for the company.
Guide to work-related mental stress injuries
How do you build a good case against the employer?
In order to build a good case against the employer, you need to be sure that you can prove the harassment you are experiencing. If you are subjected to behavior that you suspect is abnormal, make sure to write it down. If the situation is repeated, write it down each time with the date and the facts that occurred.
It is preferable to have concrete evidence to support these facts, such as the presence of witnesses or recordings. When you base your complaint on feelings and opinions, you can be accused of defamation in turn. It is therefore important to have, for each allegation you make, a way to prove what you are saying.
The employer will do everything in its power to show that there is no psychological harassment and to challenge the complaint. In addition, the employer must implement a policy to prevent psychological harassment in the workplace and then actively participate in the fight against these situations. If a person witnesses a situation of harassment, he or she must report it in writing and keep proof of receipt.
As we have said, it is important to gather evidence in harassment cases. Obtaining a medical certificate from an attending physician at the time of the incident may help your case. Attestations from co-workers who witnessed the hostile and vexatious actions or words are also important. It is crucial to keep a copy of documents that show a distinction in treatment.
These cases are handled by the Commission des Normes, de l’Equité, de la Santé et de la Sécurité du Travail (CNESST). This Quebec governmental entity manages the conditions and regulations at work in order to guarantee the safety of workers and to compensate them in the event of a work-related accident or illness. You can contact an Accident Solution lawyer to help you understand the Act.
How much does a lawyer cost in Quebec?
File an appeal with a lawyer
It takes a lot of time to build a strong case, but it is important to take action with a lawyer if it will protect your job and your mental health. Be aware that psychological harassment is not normal or acceptable behavior in the workplace. You can assert your rights.
In a legal action, you have the right to claim punitive damages, moral damages or the coverage of various expenses. You can also contest a decision of the CNESST. However, such a procedure can take months and requires the help of a lawyer. You can meet with one of our CNESST lawyers to help you assert your rights in a legal manner.
Furthermore, you need to make your case objectively with valid evidence that strengthens your case. To receive the compensation you want, call on our specialized lawyers to accompany you throughout the procedure and provide you with the right advice to win. Our team will thoroughly analyze your case and help you make it strong.
At Accident Solution, we know how to recognize the most important elements and use the circumstances of the harassment of which you are a victim to defend your case. We take the time to verify everything with our clients, detailing the witnesses to be called, the deadlines to be respected and the evidence to be used to guarantee a successful outcome.
