Canada Employment and Immigration Union

(a component of the Public Service Alliance of Canada)

welcomes you to our resources on

harassment and bullying.

Updated 14 July 2006

See our page on Canadian Labour Law

Monthly News on Bullying a Related Issues

Proposed Proposed Canadian National Law

C-451 Workplace Psychological Harassment Prevention Act

(about the MP who Proposed Bill C-451)


 

"Knowing what is happening is the first step to coming to terms with what is being done to you. Knowing that you are not responsible, that your treatment is unwarranted, undeserved and unjustified allows you to focus on the real problem. It won't make the problem go away, but it lets you put things in a new perspective. There is a great sense of relief in knowing we are not the only ones to endure this, that we are not insane and that there is hope."  from mobbing.ca


Bullying in general

"Schoolyard bullying - the torment of one child by another - is often compared to workplace bullying. Both types represent a grab for control by an insecure, inadequate person, an exercise of power through the humiliation of the target. School bullies, if reinforced by cheering classmates, fearful teachers or ignoring administrators, grow up to be dominating adults. When they join the work force, they continue to bully others." From the Canada Safety Council


What is bullying?

"Bullying differs from harassment in that there is no obvious bias towards race, gender or disability, for serial bullies are usually cunning enough to keep their prejudices under wraps."  From The hidden cost of a bully on the balance sheet

 

Listen to one person's experience with bullying here

From No Bully for Me - An hour long piece on workplace bullying, taken from CKNW  recorded 02 April 2004 (here)

Complete the online survey from No Bully for Me (here)


What is the cost of bullying?

"It should be obvious that “fear” has no legitimate place in the workplace, yet if headlines and anecdotes contain any grain of truth… organizational bullies thrive and prosper. The cost of bullying is significant, even if it is difficult to measure. How many sick days are attributable to a fear of going to the office? How much employee turnover is due to people simply seeking a safer work environment? How many people don’t apply to your organization because they’ve “heard stories”?  When the Schoolyard Bully Graduates


YOU can make a difference in someone's life

One day, when I was a freshman in high school,

I saw a kid from my class was walking home from school.

His name was Kyle.

It looked like he was carrying all of his books.

I thought to myself, "Why would anyone bring home all his books on a Friday?

He must really be a nerd."

I had quite a weekend planned (parties and a football game with my friends
tomorrow afternoon), so I shrugged my shoulders and went on.

As I was walking, I saw a bunch of kids running toward him.

They ran at him, knocking all his books out of his arms and tripping him so
he landed in the dirt. (More)


workopolis.com  
This was printed from Workopolis.com

My boss is a bully

It is an implied term of every contract of employment or employment relationship, that your employer will provide you with a fair, civil and decent workplace.

Norman Grosman -
December 07, 2005
 

Q: My boss is a bully. He regularly yells at me and demeans me in front of my colleagues, making coming to work a terrible experience. Do I have any recourse?

A: Possibly.

It is an implied term of every contract of employment or employment relationship, that your employer will provide you with a fair, civil and decent workplace. From a legal perspective, if it can be established, based on objective evidence and on a balance of probabilities, that your boss has created an intolerable work environment, your employer may be responsible for having breached those implied terms of your employment contract, the result of which will be a constructive dismissal. You will then, correspondingly, be entitled to a fair severance arrangement.

The difficulty, of course, is that it is often troublesome to be able to prove that kind of behaviour. Many employers, however, have policies or a code of conduct which requires that people be treated fairly and decently in the workplace and recourse may be had through your human resources group.

Clearly, if the environment becomes so intolerable that you are prepared to quit, it is time to get legal advice.


Bill C-45 - Due Diligence

Canada’s Criminal Code was revised in October 2003 (Bill C-45) to include a duty for workplaces to prevent injury. Specifically, the Code states, in section 217.1 that, “Every one who undertakes, or has the authority to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.”33 This may seem clear enough, but the Code defines “bodily harm” very broadly: “any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.”

Interfering with “health or comfort” is a very inclusive statement, and could be interpreted to apply to a wide range of conditions, from being exposed to second-hand smoke to feeling uncomfortable due to verbal comments or harassment. Until case law exists to further define the way this will be interpreted by the courts, it is not clear how this legislation will apply to comprehensive workplace health. (Read the entire article here.)


 

ARE YOU BEING BULLIED AT THE WORKPLACE?

(also called mobbing (Professor Heinz Leymann), psychological terror, pack mentality, general harassment)


 

Harassment in the Workplace

According to the Canada Safety Council, workplace bullying over the past decade has become "an internationally recognized occupational health and safety issue." August 2005

 

Policy

Policy statement - Service Canada (posted her October 16, 2007)

Every employee of the department will be treated fairly in the workplace and will be provided an environment that is free of harassment, offensive behaviour and discrimination. Any behaviour that is found to constitute harassment or discrimination will not be tolerated. Such conduct will be dealt with in a manner consistent with the severity of the infraction, including disciplinary action up to and including discharge. (More)


 

Abuse is wrong in any language


From Justice Canada

Abuse is wrong in any language

 

 


If you are the target of mobbing... (from mobbing.ca)

Congratulations, you are likely one of the best and brightest people where you work, or used to work as the case may be. Small consolation perhaps but it is important to recognize that you have become the target of mobbing not because you are deficient but because you are exceptional.

I have been a target for over 15 years and I feel lucky to still be alive. I did not know why I was being treated the way I was. I was told that there was something wrong with me, that I caused it, that I deserved it. It was only toward the end that I learned about mobbing - almost too late.

Knowing what is happening is the first step to coming to terms with what is being done to you. Knowing that you are not responsible, that your treatment is unwarranted, undeserved and unjustified allows you to focus on the real problem. It won't make the problem go away, but it lets you put things in a new perspective. There is a great sense of relief in knowing we are not the only ones to endure this, that we are not insane and that there is hope.


 

Mobbing is also a wolfpack mentality

 

 

"Bullying goes on over a long period of time, the target eventually becomes obsessive about the bullying, work colleagues start to experience compassion fatigue and turn off; if the bullying continues, colleagues may become aggressive and actively join in with the mobbing, victimizing and scapegoating as the pack mentality takes over ."  From Bully Online

 

 

 

 

 


 

 

 

Information on Mobbing

Le mobbing est un poison lent

Mobbing ist ein leises Gift Zuletzt geändert    

The Germans and the French call it "the slow poison."

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Site Country of Origin Description Authority
mobbing.ca Canada The purpose of this site is to help Canadian employees and employers to overcome the needless suffering and tremendous costs associated with an insidious form of workplace abuse called 'mobbing'.  
The Mobbing Encyclopaedia   Presents the late Professor Heinz Leymann's pioneering research into mobbing. Some of the best information on the web about mobbing can be found on this site. Professor Heinz Leymann
The Workplace Bullying and Trauma Institute Canada and USA Research, education and advocacy to end psychological violence at work for individuals and organizations in the U.S. and Canada.  
BullyEQ   Beat crime, anti-social behaviour, bullying, abuse and mobbing with emotional intelligence. This site provides a wealth of information about psychopathic behavior, corporate denial of responsibility, unrecognized forms of abuse, and bringing emotional intelligence to bear on these problems  
Work and Family Resources Counseling and Research   Judith Wyatt and Chauncey Hare, Licensed Family Therapists, have long experience in helping the targets of mobbing and raising awareness on the subject of workplace abuse.  
Canadian Initiative on Workplace Violence Canada The CIWV is Canada's premier social research firm that focuses its attention on workplace violence from a Canadian perspective. This site is dedicated to the many individuals and organizations throughout Canada who are working to make Canadian workplaces safe, free from the debilitating effects of workplace aggression.  
Innovations Training
 
  The purpose of Gail Pursell Elliott's Innovations: "Training With a Can-Do Attitude" is "To promote respect and understanding among people and to help them grow personally and professionally through the development of insight and awareness."  
Stalking by Court: Legal Bullying and What Can Be Done About It Canada The Ontario Women's Justice Network hears from many women who have left abusive partners only to find the abuse continue post-separation. Most often, the abuse takes the form of stalking.

For many women, especially those with children, misuse of family court by their former partner is a common strategy. Sometimes called "legal bullying"

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Workplace-Violence.info   Provides an excellent overview of workplace violence and bullying at work.  
The Work Trauma Foundation
 
South Africa This South African foundation is working to eradicate mobbing and its attendent psychosocial problems by establishing a culture of dignity and respect in the workplace.  
Workplace Bullies: Graziadio Business Report . Workplace bullies can stymie employee performance and hinder an organization's ability to compete. This report provides an in-depth description of what mobbing is and its impact on businesses.  
Canada Safety Counsel's Workplace Bullying page Canada An overview of mobbing and the challenges we face overcoming it.  
CCOHS - "Violence in the Workplace" Canada Answers to frequently asked questions about mobbing from the Canadian Centre for Occupational Health & Safety - Canada's National Occupational Health and Safety Resource.  
Anti-Bullying Centre, Trinity College Dublin   Information on Bully Behaviour in Schools and in the Workplace. This site provides a wealth of information as well as resources.  
NUJ Glasgow Branch BULLYING- What are Bullying and Harassment-  
This Scottish site by the National Union of Journalists contains a wealth of information about mobbing and what to do about it for management, unions and targets.
 
At the Mercy of the Mob Canada Mobbing can be understood as the stressor to beat all stressors. It is an impassioned, collective campaign by co-workers to exclude, punish, and humiliate a targeted worker. Initiated most often by a person in a position of power or influence, mobbing is a desperate urge to crush and eliminate the target. The urge travels through the workplace like a virus, infecting one person after another. The target comes to be viewed as absolutely abhorrent, with no redeeming qualities, outside the circle of acceptance and respectability, deserving only of contempt. As the campaign proceeds, a steadily larger range of hostile ploys and communications comes to be seen as legitimate. Kenneth Westhues University of Waterloo
Mobbing in the Workplace: Has This Happened to You? - by Susan Dunn U.S. A mob is one of the most vicious subcultures in any society. Powerfully described in the classic, "The Ox Bow Incident," we understand that a mob behaves in a way no individual human would. "Single-focused, whipped to a frenzy by a puffed-up martinet and unfettered by normal restraints of morality," writes book reviewer Mary Bradley, "the mob is merciless in its assault." In the worst-case scenario we have a lynching or a holocaust.
 
Susan Dunn is a professional coach specializing in emotional intelligence. She is a speaker, writer, educator, and author of many ebooks on personal growth. Visit her on the web at www.susandunn.cc .
       

Target Support Site

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Bullying News UK Archives for Bully OnLine  
Peer Resources Canada

(Victoria, BC)

A Canadian non-profit organization that specializes in information, resources, support and training to help people with anti-bullying through peer helping, peer mentoring, and peer mediation.

Our mission is to provide: high quality training, superior educational resources, and practical consultation to persons who wish to establish or strengthen peer helping, peer support, peer mediation, peer referral, peer education, peer coaching, and mentor programs in schools, universities, communities, and corporations. Peer Resources has been in operation as a non-profit educational corporation since 1975 and has an unequaled record of experienced and published experts in peer, mentor, and coach systems in Canada.

 

Rey Carr, Ph.D.
Email Email
David deRosenroll, Ph.D.
Email Email
Gregory Saunders, M.A.
 
Email Email

 

Psychological Harassment at Work Canada (Quebec) This is Quebec's new law on psychological harassment at work Labour Stadards in Quebect - posted July 14, 2006
No Bully for Me Canada (Vancouver, BC) We are a voluntary group based in Vancouver, Canada, working to support the targets of workplace bullying, provide information, promote examples of good practice and act for changes in attitudes to this damaging pandemic.  
Bully OnLine UK   Tim Fields, a world authority on bullying
Solutions Newsletter Family Services Employee Assistance Programs Canada Harassment comes in many forms. It can include words, gestures,
intimidation, inappropriate comments, threats, displaying sexist or
racist pictures, and even physical violence. In general, harassment is
any unwelcome behaviour that demeans, embarrasses, humiliates,
annoys, alarms or verbally abuses a person. (Definition from the
Canadian Centre for Occupational Health and Safety web site.)
 
Dealing with bullying at work UK Being bullied makes people feel vulnerable, isolated and frustrated, and may lead to stress related illnesses like constant headaches, loss of weight, ulcers or kidney problems. It affects relationships with family and friends:  
Adult Bullying - a problem of relational violence Canada This page by Joseph Cooper provides a very good description of the problem of adult bullying (mobbing) as well as information and resources to help us to begin to address it.  
Am I being bullied? UK and the lifesaving page linking health symptoms and experiencing bullying behaviour at work is here:  
Mobbing & Bullying Nova Scotia Canada This site by Stephen Bruce O'Handley provides an overview of the mobbing process and answers many questions related to workplace bullying and its consequences.  
jfo- targeting bullying   jfo (just fight on) is a worldwide community project dedicated to helping and promoting targets of workplace bullying.  
Support Group Network   The Support Group Network (hosted by jfo) has one primary aim - to effectively help targets of workplace bullying.  
Freedom to Care   The UK's first whistleblower support group (1991), Promoting the expression of social conscience in the workplace, public accountability, ethics at work and supporting whistleblowers and whistle blowing. Providing free information on professional ethics, bullying at work, corporate responsibility, social and ethical accounting and auditing - especially in health care, nursing, social work, police, financial services, government, education, science and environmental protection.  
Bullying in the Workplace Canada Examples include:
  • spreading malicious rumours, gossip, or innuendo that is not true
  • excluding or isolating someone socially
  • intimidating a person
  • undermining or deliberately impeding a person's work
  • physically abusing or threatening abuse
  • removing areas of responsibilities without cause
  • constantly changing work guidelines establishing impossible deadlines that will set up the individual to fail
  • withholding necessary information or purposefully giving the wrong information
  • making jokes that are 'obviously offensive' by spoken word or e-mail i
  • ntruding on a person's privacy by pestering, spying or stalking
  • assigning unreasonable duties or workload which are unfavourable to one person (in a way that creates unnecessary pressure)
  • underwork - creating a feeling of uselessness yelling or using profanity
  • criticising a person persistently or constantly belittling a person's opinions unwarranted (or undeserved) punishment
  • blocking applications for training, leave or promotion
  • tampering with a person's personal belongings or work equipment.

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Canadian Centre for Occupational Health and Safety
Psychological Harassment Information Association

 

Canada This website was created to provide information about psychological harassment and its many forms. It also exposes psychological harassment and different psychological manipulations used to target individuals.  
Help with difficult boss problems Canada

Posted 10JUL06

Badbossology.com features completely free access to over 1200 articles and resources on solving problems with difficult managers. To get started, we suggest that you review each of the types of resources below.

DID YOU KNOW: you can safely email site material anonymously - just click on any content item's "Email Link" option for details and a preview.

 

Badbossology.com
DAWN - Dignity At Work Now   Anti-Bullying in the Workplace Support and Campaign Group  
Workplace Bullying.com   The portal to their full featured and secure forums.  
What's Going On With Mobbing, Bullying And Work Harassment Internationally Canada Hundreds of millions of dollars a year in absenteeism, employee satisfaction, customer satisfaction, product quality and productivity. [Joel Neuman, director of the Center for Applied Management, SUNY] Just Fight On
The Andrea Adams Trust   As a non-political, non-profit making charity they are working to reduce the incidences of bullying in the workplace through their advice lines, publications, services and specialist consultancy services and training programmes.  
The American Nerd Association   The American Nerd Association works to promote equality and human rights. We seek diversity and promote tolerance. We believe in the inherent value of every human being, and in the absolute right of everyone to respect and dignity.  
stopmobbing.it Italy PARAMAFIA VIOLENCE OF MOBBING: the Company fires a clerk who has become inconvenient. This Italian site provides information about mobbing and advise for targets.  
Canada Safety Council Canada Canada's Voice and Resource for Safety  
beyondbullying.co.nz New Zealand Advocating zero tolerance to workplace bullying in New Zealand.  
FACE Intel   The mission of the Former And Current Employees of Intel is to influence positive human resource policies and practices and create true long-term employment opportunities at Intel. To influence Intel to abolish its predatory Ranking and Rating system and replace it with a true performance review system, which only be based on merits of employees performance. To Influence Intel to stop age, disability, gender, race, and ethnicity discriminations.  
Workplace Mobbing in Academe
 
Canada Professor Kenneth Westhues, University of Waterloo, provides sage advise to those being mobbed in academic circles.  
"The Difficult Professor," a Pernicious Concept Canada Professor Kenneth Westhues, University of Waterloo, addresses the inappropriate labeling of mobbing targets as "difficult people", or in the case of academe, "Difficult Professors".  
What's Going on with Mobbing Bullying and Work Harassment Internationally   Article by Susan Dunn describes the status of mobbing around the world.  
Bullying at work- another form of workplace violence   Edmond Harnden LLP article describes mobbing and some of its legal consequences.  
Alberta Civil Liberties Research Centre, Canada Canada

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Bullying in Canada National Strategy on Community Safety and Crime Prevention Canada Canadians are concerned with the level of violence in today's society, the safety of their communities, and the welfare of their children. As we know, too many children are victims of violence and aggression in the schoolyard, the playground and elsewhere. Some studies indicate that violent behaviour of young people is increasing, that the violence is directed at other young people, and that the violence is committed by younger people than was the case in the past. Public Safety and Emergency Preparedness Canada
Psychological Harassment at Work Canada
  • What is psychological harassment in the work place?
  • A few common ways in which harassment is expressed
  • Management rights and normal conditions of employment
  • Prevention first
  • Sound management practices
  • What should you do in the event of psychological harassment at work?
Commission des normes du travail (Quebec)
Understanding bullying in the workplace Canada "Not only would they not talk to me, but became aggressive and punitive with anyone who did. I found out from others that they were spreading malicious rumours about me." By Susan Shaw, Director of the Office for the Prevention of Discrimination and Harassment
Workplace bullying: Escalated incivility Canada   by Garie Namie
Trade Union Congress UK Usually, if you genuinely feel you are being singled out for unfair treatment by a boss or colleague, you are probably being bullied. Although there is no comprehensive list of bullying behaviours, and there is no one type of person who is likely to be a bully, the list below should give an idea of some behaviour which constitutes workplace bullying. Trade Union Congress
b-free.ca Canada Bullying is defined as a conscious, willful, deliberate and repeated hostile activity marked by an imbalance of power, intent to harm, and/or a threat of aggression. When bullying goes from bad to worse, it may lead to a feeling of terror on the part of the individual being bullied.

 

 
SafeCanada.ca Canada
SafeCanada.ca - your link to information and services on public safety and security in Canada.
Bullying Bullying
Anti-Bullying Prevention Programs
Bullying in Schools
Bullying in the Workplace
Cyber Bullying
Facts about Bullying
Preventive Measures
 
 
FROM THE PLAYGROUND TO THE WORKPLACE, BULLYING HAPPENS BECAUSE IT'S ALLOWED   This employee felt alienated and abused by the behaviour of her colleagues and disheartened by the inaction of others in the department. Although this behaviour may seem obvious, many activities of the bullies were conducted in a subtle and devious manner. In addition to the cold shoulder, her point of view was either not listened to or belittled. People whose confidence and self-esteem have been exposed to subtle, devious harassment find it immensely difficult to confront the bullies. It can also be difficult for others to identify such behaviour. Men and women enduring less obvious bullying can feel confused, even paranoid, because of the unpredictability and irrationality of the behaviour. They can use up emotional and mental resources trying to figure out what's going on and how to defend themselves. The Ring posted July 15, 2006

Legal 

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Libel and Slander Canadian Supreme Court of Canada  
Supreme Court of Canada Reports of Published Judgments Canadian This service is provided through a joint project between the Supreme Court of Canada and the LexUM team of the Centre de recherche en droit public at University of Montreal. The collection available currently goes back to 1985. (Credit : source of the illustration)  
Employers Face More Changes in Canadian Employment Law Canadian Record-setting wrongful dismissal awards, a rise in harassment claims and the elimination of mandatory retirement are just some of the developments that should prompt employers with operations in Canada to take a fresh look at their employment policies and programs. Osler
Canadian Labour Law Canadian A number of labour law links compiled by ceiu.net  
Stalking and Criminal Harassment Canadian Criminal harassment is the legal term for stalking, which is a form of behaviour. It was introduced into Canada’s Criminal Code in April 1993. The purpose of the legislation is to better protect victims of criminal harassment by responding to harassing behaviour with stiffer penalties before more serious harm results. It is defined in section 264 of the Criminal Code as follows:  
Bullying.ca Canadian The different forms of bullying usually fall into one or more of the following categories:

Uttering threats (Section 264.1 of the Criminal Code) Assault (Section 265 of the Criminal Code) Aggravated assault (Section 268 of the Criminal Code)

All of which are offences punishable by the court of law.

 
From Words to Weapons Canadian Legal redress, Human Rights, Occupational Health and Safety Act, Constructive Dismissal, Intentional Infliction of Nervous Shock.  
Access to Justice Network Canadian    
Law can offer some protection against bullies Canadian "Your workplace is a near perfect host environment for bullies. The politics, the variable power that comes with any given position, and the constant struggle to be recognized and rewarded all contribute to people using or abusing a given situation in order to bully, harass or manipulate colleagues in the workplace. Bullying is one of the most dysfunctional aspects of workplace behaviour, and one of the most common. "  
Canadian Initiative on Workplace Violence Canadian "The legislative landscape as it applies to workplace violence within Canada is changing. Governments at all levels are looking seriously at the issue of workplace aggression and ways that they can protect employees. In this section we will keep you abreast of legislative changes as they happen throughout Canada."  
Shah vs Xerox Canada Canada Wrongful dismissal  
Canadian Legal Information on Line Canada There certainly is no shortage of Canadian legal information on the Web. The big problem is wading through the mass of legal information that is available to find reliable sources. Here are some good places to start. Please note that the standard warning applies to all these law resources - they are for general information purposes only. If you have a specific legal problem, please consult a lawyer.  
Duhaime's Employment and Labour Law Canada This general legal information is provided free of charge, for the time being, by Lloyd Duhaime (practicing law with Duhaime Law), Barrister & Solicitor, situated in Victoria, British Columbia, as a public service. This is not legal advice but, rather, general legal information. This information is shared with the public on the condition that to it is attached no warranty whatsoever with regards to its accuracy and any use in actual legal situations in done entirely at the sole risk of the user.  
Employment Law Canada Excellent!  It's all here  
Wrongful Dismissal Canada IF YOU HAVE BEEN DISMISSED, DO NOT SIGN ANYTHING FROM YOUR EMPLOYER UNTIL YOU HAVE OBTAINED PROPER LEGAL ADVICE.  
What is wrongful dismissal Canada    
Employment Insurance - Digest of Benefit Entitlement Principles Canada The Digest of Benefit Entitlement Principles, commonly called the Digest, contains the principles applied by Human Resources Development Canada when making decisions on claims for benefit under the Employment Insurance legislation. It is intended as a reference tool for all users, including those without a legal background or knowledge of employment insurance. Human Resources Skills Development Canada (Service Canada)
Employment Insurance - Voluntary leaving employment with just cause Canada Digest of Benefit Entitlement Principles Chapter 6 Human Resources Skills Development Canada (Service Canada)
From Words to Weapons Canada Broadly speaking there may be legal redress on civil grounds, or on a demonstration that legislation has been willfully breached. In considering or taking such action, individuals are strongly encouraged to consult with qualified legal counsel.

On the regulatory side, victims should consider their rights and responsibilities under the prevailing Human Rights Code or Occupational Health & Safety Act.

 
Canadian Initiative on Workplace Violence

See Bullying and Canadian  Law pdf

 

 
Canada
  • Shah vs Xerox - Constructive Dismissal
  • Paitich v. Clarke Institute of Psychiatry  - Constructive Dismissal
  • Boothman v. Canada - Boothman vs Canada - Intentional Infliction of Nervous Shock
  • Prinzo v. Baycrest Centre for Geriatric Care - Intentional Infliction of Nervous Shock
  • Clark v. Canada - negligent and intentional Infliction of Nervous Shock
  • Defamation
Lauren M. Bernardi
Lawyer, Human Resource Advisor
Bernardi Stewart Scholz
Federal and Provincial Case Law Canada Decisions - Excellent Resource Department of Justice Canada
Case summaries regarding bullying Canada Case Law Canadian Legal Information Institute
Canadian Laws on Stalking Canada Criminal Harassment Criminal Code
       
Prevention and Resolution of Harassment in the Workplace Canada Harassment is defined as...

Any improper conduct by an individual, that is directed at and offensive to another person or persons in the workplace, and that the individual knew or ought reasonably to have known would cause offence or harm. It comprises any objectionable act, comment or display that demeans, belittles, or causes personal humiliation or embarrassment, and any act of intimidation or threat. It includes harassment within the meaning of the Canadian Human Rights Act.

 
Public Service Human Resources Management Agency of Canada
Former RCMP officer awarded nearly $1 million for harassment Canada A British Columbia Supreme Court judge has awarded a former RCMP constable $950,000 in damages for prolonged harassment by her commanding officer that left her suffering from such severe depression that she is unlikely to ever work again N.S. v. Attorney General of Canada B.C. Supreme Court Judge George Lamperson

January 19, 2006 (32 pages)

Full text of the decision:

Canadian Laws on Stalking Canada Criminal harassment s264. (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them. Posted July 14, 2006
       
   

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Consequences of Bullying for the Employer

Bullying: surveys, facts, figures and costs UK Bullying Surveys Tim Field
The cost of bullying to your boss. UK Employers who fail to tackle bullying can pay a high price Trade Union Congress
Bullying in the Workplace - An acceptable cost?
By Andy Ellis,
Ruskin College, Oxford, UK
UK Over one million individuals are the victims of violent crimes in the workplace each year. For comparison reasons, this is said to be around 15% of all violent crimes committed annually in the United States.

Of specific interest to the topic of workplace bullying, of all the violent crimes committed in the workplace, 19% were committed by individuals well known to the victim.

It was estimated that aggression in the workplace caused some 500,000 workers to miss 1,751,000 work days annually or 3.5 days per incident. This loss of working days equated to $55 million in lost wages.

 

Randy Ellis
High price for workplace "pranks" Australia Australian courts have taken a hard line in recent cases of workplace harassment. The first incident cost the apprentice’s employer a $45,000 fine. His supervisor and a co-worker are facing charges and a civil suit is also pending. His employers may lose as much as half a million dollars because of their failure to provide a safe working environment.

The second case happened in the early 1980s, but only ended up in court in March 1999. The complainant was awarded over $350,000 for his medical bills, loss of income and pain and suffering. The company denied liability, claiming the attacks never occurred. The judge found the company had inculcated a "culture of intimidation" and that there had been a "collusive closing of ranks in defence of the company".

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SEEK - Australia's #1 job site
Workplace Bullying: Information for Employers Australia Bullying in your workplace is bad for business. Some of the costs it may incur are: Bullying!!
When the Schoolyard Bully Graduates Canada An employee, Kavanagh, of the Government of Newfoundland was harassed, bullied, and subjected to emotional and physical violence by fellow employees with the full knowledge of management. The case went to court Kavanagh was awarded damages of almost $875,000   (More details at: http://www.hra.ca/newsletter/newsletter_preview.cfm?id=54) The Canadian Association Editor Wayne Amundson
The Work Doctor Canada and USA We are leading the North American business revolution that finally combats destructive, psychological harassment at work.

The practice of worker-on-worker aggression is not new. Dealing with it strategically, firmly and ethically is the bold new approach, common to all industrialized nations, except for the U.S. and Canada (Quebec is the lone exception).

Bullies are too expensive to keep! They purge your best and brightest staff, terrorize survivors, and actually prevent work from getting done at all.

It is hard for most executives to let bullies go. Engage The Work Doctor® consultants to have productivity skyrocket and employment practices liability plummet.

Traditional harassment and conflict consultants can't help. If they had recognized the bullying and known what to do, they would have fixed your problem long ago.

Start the partnership today for the sake of your organization and the staff who count on true executive leadership. Become a Healthy, Great Workplace.

 
Workplace Bullying Consulting and Training Services
Bullying and Harassment at Work: A Guide for Managers and Employers UK Why do employers need to take action on bullying and harassment?

Bullying and harassment are not only unacceptable on moral grounds but may, if unchecked or badly handled, create serious problems for an organisation including:

• poor morale and poor employee relations • loss of respect for managers and supervisors • poor performance • lost productivity • absence • resignations • damage to company reputation • tribunal and other court cases and payment of unlimited compensation.

It is in every employer’s interests to promote a safe, healthy and fair environment in which people can work.

 
       

What is adult bullying?

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"Social science research is showing that Canadians in particular, and citizens all around the world, are increasingly becoming victim of Adult Bullying - a form of violent anti-social behaviour that hides behind societal norms and institutional rules. We are told that "its part of the job" to have to take such abuse, and that "we" must simply accept it and develop a "thick skin". Yet the truth of the matter is that such behaviour and attacks are as damaging to the mind and body as if they were physical.

We are seeing an epidemic today of people using their power and position to deliberately hurt people in order to control them, and do so by "staying with in the rules". The rules say "no physical contact or direct attack", so what these people have done is to work "between" the rules of society and wreck havoc and pain in order to achieve their ends - which is control. It is not behaviour that is specifically male either. It is practised by both sexes on an almost equal basis, though male behaviour will more often escalate into sexual assault and other forms of overt physical violence."

 

 


 

From the new Canadian Site mobbing.ca - posted 11 August 2004

Mobbing is the systematic destruction of an individual's identity, self-respect and self-esteem through the repeated violation of their dignity in private and in front of others. Bullying hurts the individual, their relationships, their marriages, their families, their social lives. The destruction of personal confidence limits opportunities to function in society or continue in full employment. Bullying causes depression, anxiety, complex post-traumtic stress disorder (PTSD) lasting months, years or for the remainder of a lifetime. Bullying is one of the leading causes of alcohol and substance abuse, suicide, and other self-harming and destructive behaviours.

Bullying is usually perpetrated by sad and inadequate individuals who are lacking in emotional empathy and incapable of comprehending the destructiveness of their behaviour, but perpetuated by employers and colleagues who either choose to do nothing or (in some organisations) actively encourage "strong management" that offers unrealistic goals at the expense of employees' mental and physical well-being. Such views are misguided because bullying is, ultimately, destructive to all, including the organisation's welfare.

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"...the destructive thing about bullies from an organizational point of view is that they tend to target your best and brightest workers: those who are technically competent, independent, possess good social skills and have strong ethics (and thus may be whistleblowers)."

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"The effects of bullying lead to a sense of helplessness, inadequacy, confusion, anxiety, tiredness, disorganization at work, lowered self-esteem and depression".
Dr. Maurice Lipsedge, Honorary Consultant Psychiatrist, Guy’s Hospital.


"We know that those employers who do not tackle harassment at work pay a high price - in lost productivity, low morale and high staff turnover. Our survey shows simply having a policy in place is not enough - employers and unions must actively promote it."
John Monks


"Silence and shame ensure that bullying will never stop. We must work to uncover and reverse the atrocities, one person, one company and one law at a time."

From: "The Bully at Work: What You Can Do to Stop the Hurt and Reclaim Your Dignity On the Job." by Gary and Ruth Namie

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Effects of Workplace Bullying on the Organization

"There is general consensus that workplace bullying results in negative and destructive organizational effects. These include reduced commitment, higher absenteeism, high personnel turnover, lack of employee motivation, reduced enthusiasm, less creativity, vision, loyalty, job satisfaction and morale. When employees have to protect themselves in abusive workplaces they have little time or mental energy for productivity. Abuse makes them disillusioned, exhausted, and burnt-out. These are hardly the ingredients of an effective workplace."

From:  Effects of Workplace Bullying on the Victim - Janinta Kitt


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The Five Pillars of Managerial Stupidity

As a supervisor, you learn quickly that there are certain actions that should never be taken with employees, no matter how angry you get or how “in the right” you believe you are. Call them the Five Pillars of Managerial Stupidity:

 

  • Humiliation. Publicly disciplining an employee.

 

  • Sabotage. Withholding information.

 

  • Intimidation. Making threats or delivering ultimatums.

 

  • Harassment. Using vile or offensive language or behavior.

 

  • Constructive discharge. Making life miserable for an employee in an attempt to get him or her to resign.

     

Each of the Five Pillars of Stupidity is an overt action from which employees can try to obtain relief through the formal grievance process. They can go to the human resources office or a labor union and document times and places where they believe they were treated unjustly, and identify witnesses who observed the actions.

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Bosses from Hell and What You can Learn from Them

"If you've morphed into a boss from hell, you're going to lose more than a popularity contest. Mean or devious bosses will "experience low productivity, employees who will not make decisions, high turnover and ..."

 

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Sunday, 07April, 2002

 

AN EXAMPLE

An employer calls a person into their office and closes the door. No one else is in the room except the two people. The employer  proceeds to berate the employee about their performance in very personal terms. Each time the employee try's to defend themselves they are cut off, and hanging in the air is a sense that if any attempt is made to fight back the person will be disciplined further, including being fired. The employer goes on and on about the faults of the employee, with the result being that the employee feels intense emotional pain from the experience. The employee notices that the employer is sitting behind a large desk and is sitting in an equally large chair, while their own is set out in the middle of the room, and is small by comparison. A call comes in for the employer, who ignores the employee while taking it. All the while that the employer is on the phone call the tone used with the person on the other end is pleasant and friendly, but when the call is finished, the tirade continues as if it did not end. In fact the transition between the pleasant tone and the disciplinary one is instantaneous. The meeting ends with the employer saying that a letter will be placed into the employees file outlining all that has been said, while not offering to show the person its content. The employee then is sent back to their work, which they are required to continue as if nothing unusual has happened.

The disciplined person then returns to their desk feeling nauseous and disoriented. A sense of physical weakness comes over them from the effects of stress, and they are unable to focus their eyes on the work in front of them. It is hard for them to concentrate, and they are in a state of anxiety about doing something wrong. This feeling intensifies when they find that a memo is sent out to all employees in the company warning them to no do the things that disciplined employed has been chastised for, and while that person is not named, that person still feels as if they have been publicly humiliated. When they go home that night they are emotionally distant from their family, and uncommunicative about their experiences. Possibly that night they will not be able to sleep, reliving the events that took place that day. Days after the event they are still playing it out in their mind, and often find themselves fantasizing about the incident, trying to fight back against the person who humiliated them.

While they may not talk about the feelings that they have in connection with the incident, they still show many outward symptoms. Fatigue, lack of spontaneity, irritability, and quick tempers are often displayed in ways that are out of proportion with what is taking place around them. They may also come to display acts of bullying themselves, as they try and regain a sense of their own personal power by emulating the person who humiliated them. Often their friends or family ask them what is wrong, they may tell them. Most often, though, they will be told to "buck up" and put the incident behind them. "Don't take it so personally" they are told, and it is suggested that they "get a thick skin". In general the main suggestion is to leave the job if they can't get along with the boss. If any suggestion is made that maybe the boss is wrong, they are told "That's the persons right as a boss". What generally follows is the advice that if they do not like the treatment, they should leave the job. Quite often this is the eventual solution that they find for their situation, though the emotional pain and discomfort does not leave them even in their new job. 

The problem is that this situation is considered by many people to be a normal and acceptable part of the working world. This attitude is, however, completely wrong !  Social science research is showing that Canadians in particular, and citizens all around the world, are increasingly becoming victim of Adult Bullying - a form of violent anti-social behaviour that hides behind societal norms and institutional rules. We are told that "its part of the job" to have to take such abuse, and that "we" must simply accept it and develop a "thick skin". Yet the truth of the matter is that such behaviour and attacks are as damaging to the mind and body as if they were physical.  - from Adult Bullying - A Problem of Relational Violence

 


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From our Deputy Ministers on

Harassment in the Workplace - May 26, 2000

(this is an INTRAnet link)

In HRDC, we strive for a work environment that supports productivity and the personal goals, dignity and self-esteem of every employee.  Harassment in the workplace will not be tolerated

And, in defining harassment they add:

It comprises objectionable conduct, comment or display made either one-time or on a continuous basis that demeans, belittles, or causes personal humiliation or embarrassment to an employee.

Abuse of authority, another form of harassment, occurs when an individual improperly uses the power and authority inherent in his or her position to endanger an employee’s job, undermine the performance of that job, threaten the economic livelihood of the employee, or in any way interfere with, or influence the career of the employee.

 


Treasury Board of Canada Secretariat - Secrétariat du Conseil du Trésor du Canada

 

Policy on the Prevention and Resolution of Harassment in the Workplace

 

Managers

(a) Managers are expected to lead by example and to act respectfully in dealings with employees and other persons working for the Public Service.

(b) They can expect to have access to learning opportunities on the prevention and resolution of harassment and in conflict resolution.

(c) They are expected to ensure that employees are aware of the policy and to remind them of its contents as deemed necessary.

(d) They are expected to ensure that employees have access to learning opportunities on the prevention and resolution of harassment in the workplace.

(e) They are expected to intervene promptly when they become aware of improper or offensive conduct and to involve the parties in resolving the problem.

(f) They are expected to address any alleged harassment of which they are aware, whether or not a complaint has been made. This applies to situations that involve employees as well as other persons working for the Public Service.

(g) They are expected to handle all harassment situations confidentially and to ensure that others act accordingly.

(h) They are expected to address the needs of the parties concerned and the working unit following a complaint with the assistance of a specialist as needed, in order to establish or re-establish harmonious working relationships.


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Click here for the the world's largest Internet resource on bullying - Tim Field

 

 

    See Bullying and Canadian  Law pdf

 


 

 

bullying is so key to maintaining control by employers, politicians and other people of authority. It is clear that these people do not want their authority to be challenged, and they will be very aggressive when confronted. - Joseph Cooper

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From The Typical Cost of Bullying (United Kingdom)


 

The serial bully impairs the effectiveness of other employees, so say a further four employees earning £15,000 pa have their performance impaired by 33% (4*£5000), plus a further eight employees earning £10,000 pa have their
effectiveness cut by 20%. ie 8*£2000 = £16,000.

Target:        £10,000
+4*£5000:  £20,000
+8*£2000:  £16,000
                 ----------
                  £46,000
                 =======

Using a universal currency converter, this is 104,732.99 Canadian dollars


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Constructive Dismissal

 

This is where the employee leaves their job due to the employer’s behaviour. For example, the employer has made the employee’s life very difficult and the employee feels that they cannot remain in their job. When this happens the employee’s resignation is treated as an actual dismissal by the employer, so the employee can claim Unfair Dismissal. The employer's actions must have amounted to a fundamental breach of contract. - from Monster Career Center

See also here for Shah vs Xerox Canada

 

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From the Canadian Law Times June 19, 2000

See also Bullying Sites and Links in Canada - Tim Field

GRADUAL DISCIPLINE CAN LEAD TO CONSTRUCTIVE DISMISSAL

A March ruling by the Ontario Court of Appeal held that progressive discipline, if unjustified, can be viewed as constructive dismissal.

"Employers should make sure they have all their facts in place before gradually disciplining employees if they want to avoid a constructive dismissal suit" says Toronto lawyer Howard Levitt, a labour and employment lawyer with Lang Michener.

The ruling means employers should investigate performance problems thoroughly before implementing a series of disciplinary actions. And they should give employees a chance to respond before proceeding further.

"When a supervisor wants to discipline an employee, consider first whether that person has a personality conflict or an axe to grind before you allow them to go down that road. Determine whether the problem is legitimate" Levitt says.

Levitt says the ruling in Shah v. Xerox Canada Ltd places the onus squarely on employers to justify their actions against employees.

In the ruling, which awarded Viren Shah damages equivalent to 12 months' notice, the court said the employer's treatment of Shah changed the essential terms of the employment contract. Shah had worked at Xerox for more than 12 years.

Levitt says this case is important because it interprets employment law in a new way by viewing unwarranted and unjustified treatment as constructive dismissal or as a change to the essential terms of a contract.  The case focused not on specific terms, but on employer conduct.

The court said the working environment was made intolerable and that constituted constructive dismissal.  Levitt says the ruling paves the way for major shifts in the law.

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But be Aware of the following

 

Eventually there is a defining moment when the target asserts their right not to be bullied, perhaps by filing a grievance. At this point, the bullying moves into phase two which is elimination. The human resources department and management are hoodwinked by the bully into seeing the target as an underperformer who needs to be got rid of. The employer is deceived into becoming the bully’s instrument of harassment and the bully gains gratification from encouraging the employer and employee to engage in adversarial interaction and destructive conflict. In this respect the employer becomes an unwitting victim too.

After the target is eliminated (through forced resignation, redundancy, unfair dismissal or ill-health retirement) there’s a pause lasting between two and 14 days whilst another target is selected and the process starts again. In some cases the serial bully has simultaneous multiple targets whilst in other cases the bullying of another target starts before the departure of their predecessor.

In the majority of cases, the bullying that comes to light is only the tip of an iceberg of wrongdoing. From lying on their CV to falsifying the circumstances around the departure from their previous job, the serial bully is almost always misappropriating budgets, leaking confidential information, breaching rules and regulations and codes of conduct whilst making false claims about their own work and achievements. Indiscretion, maladministration, malpractice and negligence are also common. But often, glib, superficial charm combined with an exceptional verbal facility ensure that the serial bully is able to talk their way out of every corner.  - from Accounting and Business

 


The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is. – Sir Winston Churchill


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An Open Letter to our Leadership

   by Bob Aplin, President Local 20947 (Nanaimo, BC) and Vancouver Island Coordinator for this web site.

The concept of adult bullying resides where sexual and racial harassment did three decades ago.  Nevertheless, it is very much alive and real.  It has always been there, but now it has a name.  It is the elusive specter that stalks and follows us home where it will  intrude on our lives, terrorize our spirit, endanger our physical health and split asunder our families from unrelenting stress.   How many weekends and how many evenings have been ruined due to events that occur in our workaday world?  What is the cost to employers and the public?  What is the cost in terms of the human spirit? 

If you are a leader, ask how much time has been lost to stress under your sphere of responsibility.  How much does this cost our employer in terms of productivity,  What is the  human cost?  What is the financial cost? What is the cost to our clients?  What has the human turnover been in your work unit?  How much responsibility is yours?  Are you a bully or an unwitting bully?  Have you led or participated in mobbing behaviour.  Have you ever attempted to "get rid of" an employee using these tactics? If so, have you been successful?  Have you considered the anguish that your conduct has inflicted on another person?  Only you can self-identify.  If you feel peace in spite of these actions you should not be a custodian of others.

Three nights per week in the gym, a sharp crease in the trouser, and an expensive haircut create an image, not a leader.  Images are shadows that fade at the end of the day.  Who will follow you into the darkness?   You can manipulate perception with words and images.  They may actually become reality for a time, but in the end the truth will shine through a veil of duplicity and you will be exposed for who you are. If you are this person, speak not of a "Workplace of Choice" when hypocrisy grins over your shoulder. 

The smallest indivisible and most valuable component in the workplace is also the most fragile.  It is the human spirit.  Treat it gently.  Do not squander the valuable human resources you have at your disposal.  Endeavour to instill self confidence and pride in each individual that is a building block of your work unit.  Provide opportunity for growth.  Create a climate of good will and harmony.  Each positive step is a an investment in tomorrow and a tribute to your growth as a leader. 

If you review and study the links provided above you will have taken the giant leap to manage in the spirit Treasury Board intended.  Moreover, if you begin to practice this type of leadership you will be followed.  We, your employees are much, much wiser than some think.  We often see a great disparity between what you say and how you practice your leadership skills.  We have many eyes and ears.  We will watch and listen and, most of all, we will hope.



2 TOUGH QUESTIONS AND SOME FOOD FOR THOUGHT:

Question 1: If you knew a woman who was pregnant, who had 8 kids already, three who were deaf, two who were blind, one mentally retarded, and she had syphilis, would you recommend that she have an abortion? Read the next question before looking at the response for this one.

Question 2: It is time to elect a new world leader, and only your vote counts. Here are the facts about the three candidates.

Candidate A.

Associates with crooked politicians, and consults with an astrologer.

He's had two mistresses.

He also chain smokes and drinks 8 to 10 martinis a day.

Candidate B.

He was kicked out of office twice, sleeps until noon, used opium in college and drinks a quart of whiskey every evening.

Candidate C He is a decorated war hero. He's a vegetarian, doesn't smoke, drinks an occasional beer and never cheated on his wife. Which of these candidates would be your choice? Decide first... no peeking, then scroll down for the response.

Candidate A is Franklin D. Roosevelt Candidate B is Winston Churchill Candidate C is Adolph Hitler

And, by the way, on your answer to the abortion question: If you said YES, you just killed Beethoven.

Pretty interesting isn't it? Makes a person think before judging someone.

 

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