Workplace bullying: What employers need to know.

• Author: Rodney, Jordan

Bullying in the workplace is slightly different from bullying seen in the childhood sandbox. There is rarely physical violence or threats (although these are possible), and the tormentors may not always be the most obvious culprits. Instead, workplace bullying may not even be noticeable to an outsider unaware of the situation. Yet a cruel joke, a snide quip at the water cooler, or treating a co-worker in any discriminatory fashion can constitute workplace bullying, and it is never okay.

In recent years, the law has sat up and taken notice of the problem. Some provinces have already adopted specific workplace legislation, while others are looking to move forward. A recent workplace insurance appeal in Ontario highlights some of the changing attitudes in that province, but workplaces everywhere are realizing just how serious a problem workplace bullying can be, and what needs to be done to stop it in its tracks.

What The Law Says

Quebec set the trend in 2004 when the Province's Act representing Labour Standards(ALS) formally introduced prohibitions against 'psychological harassment' in the workplace. The ALS defines psychological harassment as "vexatious conduct that is manifested by repetitive behaviours, comments, acts, or gestures: that are hostile or unwanted; that adversely affect the employee's dignity or psychological integrity; [and] that make the workplace unhealthy." It emphasizes that all employees deserve a workplace free from harassment, and this caveat protects employees not covered under the entirety of the Act, such as in-home caregivers, working students, and some others.

Saskatchewan followed suit in 2007, expanding their Occupational Health and Safety Act(OHS) to include specific prohibitions on harassment based on prohibited grounds (grounds commonly enumerated in human rights legislation), and personal harassment--which includes bullying. The OHS defines this as "any inappropriate conduct, comment, display, action, or gesture by a person that: adversely affects a worker's psychological or physical well-being; and, the perpetrator knows or ought to reasonably know would cause the worker to be humiliated or intimidated." The legislation says examples of this harassing conduct include: jokes, malicious gossip, sabotage of another's work, and refusing to co-operate with others. All Saskatchewan employers are obligated to develop a written harassment policy, and ensure that employees are proactively protected from such...