In Quebec, psychological harassment is defined as any vexatious behavior that manifests itself through repeated, hostile, or unwanted conduct, comments, or actions that affect an employee’s dignity or psychological or physical integrity. This behavior creates a harmful work environment, leading to adverse impacts on the victim’s well-being or performance. This protection applies to all Quebec employees, ensuring their right to a respectful and safe work environment.
Psychological harassment in employment law in Quebec
The law obligates employers to prevent psychological harassment and, if harassment does occur, to address it promptly and effectively. Employers are required to take reasonable steps to maintain a harassment-free workplace by implementing policies, conducting regular training sessions, and establishing clear procedures for reporting and resolving complaints. Failure to adhere to these obligations can result in complaints to the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), which has the authority to investigate and impose corrective measures.
Employees who experience psychological harassment have the right to file a complaint with the CNESST. If the investigation finds evidence of harassment, the CNESST may take measures to ensure the harassment ceases, which could include compensation for the victim or reinstatement if the individual left the job due to the hostile environment. The employer may also be required to improve workplace policies or practices to prevent future instances of harassment.
Quebec’s focus on protecting employees from psychological harassment reflects the province’s commitment to upholding the dignity and rights of workers. By placing legal obligations on employers and providing recourse for employees, the law aims to promote a work culture that values respect, integrity, and mutual support. This legal framework also encourages businesses to be proactive in fostering a positive workplace environment, which benefits both employees and the organizations they work for.
Allen Madelin Avocats works daily with various employment matters, including psychological harassment. For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
