I have been ignoring the bullying that has happened to me for four-and-a-half years. It came to a halt when I was escorted out of the building like a common criminal. Then they terminated my five-and-a-half year employment, without cause. No one should be subjected to this kind of treatment. I have never had this happen to me before. This is a big black mark on my employment record. What would be my next steps?
Today, much of the Canadian work force believes they are being “bullied” or “harassed.” But despite statutory definitions and workplace policies attempting to define this behaviour, it is still usually a matter of perception. A tough boss to one employee is often a bully to another. Since bullying and harassment are often in the eyes of the beholder, when do our courts and labour tribunals intervene? And when does bullying or harassment justify a successful lawsuit?
I recently walked off a job after being sexually harassed. It was reported to my employer and a proper investigation was not conducted. Instead I was put on a shift I couldn’t work and eventually had to leave. The sexual harassment was actually a sexual assault. What are my legal options? Who do I report this to in order to get some action?
I’m getting bullied by most of my co-workers, and when I’ve told my boss that I don’t appreciate it, he tells me I need to relax and be a good sport about it. To him, it’s just fun and games, but it’s been getting me down so much that I’ve got to the point that I hate going in to work. By Sunday night, I feel myself getting stressed out and dreading the next day. I’ve spoken to my boss three times now, and he hasn’t done anything about it and I think he just thinks I’m a “whiner.” If I go to HR, I’m worried it’ll probably just make things worse. I can’t afford to just quit, but if something doesn’t happen soon I’m going to end up on stress leave, anyway. I understand workplace bullying is considered illegal, but how do I prove it, and what can I realistically do about it?
It is one of the most important concepts in workplace law – or at least it was. Since 1997, When the Supreme Court presented Canadian workplaces with the Wallace decision, employers have had an obligation to play nice and behave well at the time of dismissal, or face paying additional ‘bad faith’ damages to a former employee. But following the Court’s most recent landmark decision, employers now go from strength to strength.
Most people believe that court decisions are too pro-employee. This is untrue. Despite employee-friendly workplace laws, Canadian employers sometimes get to call all the legal shots. Both employees, and their lawyers, should pause given some of the recent decisions of our courts.
Employers slow to catch on the pitfalls of employees who are abused or bullied by their bosses are now singing the bad boss blues.
Workplace disputes are no longer “garden variety”. Enter creative employee-side lawyers and their clients’ willingness to challenge their ex-employers in court and demanding more severance pay is only one of the employee’s options. But the facts have not changed; rather the courts’ ability to remedy alleged wrongs has expanded.
Today, much of the workforce views a manager’s criticism as “bullying” or “harassment”. As toxic bosses have become a greater liability, their employees no longer call their doctors seeking a note for a leave of absence. Now they call their lawyers. But as harassment is often in the eyes of the beholder, when will a tough boss justify a successful lawsuit?
What happens when an employee is assaulted by a supervisor? As an Ontario court just ruled, when push comes to shove, the employer may also be responsible.
