More on Harassment--lessons from Quebec

I've been asked to participate on a talk show on the topic of workplace harassment and bullying this afternoon. While preparing for Christy Clark's show, I decided to check out the Quebec Labour Standards Commission report on the first three years of their legislation that prohibits workplace psychological harassment. Psychological harassment is described as "any vexatious behaviour in the form of repeated or unwanted conduct, verbal comments, actions, gestures that affect an employee's dignity or psychological integrity and that results in a harmful work environment for the employee. A single serious incidence of such behaviour that has a lasting harmful effect on an employee may also constitute psychological harassment." Collective agreements are deemed to contain a provision prohibiting psychological harassment. Accordingly complaints that are handled by the Commission tend to be from non-union employees, since unionized employees have access to the grievance procedure.

The facts were astounding and provide good support for similar legislative change in other provinces. The Quebec legislation became effective in June 2004. By June 2007 the Commission had received 6850 complaints from non-union employees. In 75% of the complaints the employer or an employer's representative was identified as the harasser. Over 60% of the complainants were women. 50% of the complainants had tried to resolve the complaint directly on their own before filing the complaint with the Commission and failed. Once filed, there was a 90% rate of resolution without hearing with assistance from Commission staff. About half of the complaints that went to hearing were upheld.