Senior Executive as a Victim of Psychological Harassment in the Workplace in Quebec
A senior executive is not immune to psychological harassment in the workplace. In Québec, the Act respecting labour standards (ALS) defines psychological harassment as vexatious behaviour in the form of repeated hostile or unwanted conduct, verbal comments, actions or gestures that affect an employee’s dignity or psychological or physical integrity and that result in a harmful work environment. A single serious incident may also constitute harassment if it has a lasting harmful effect. Although executives often hold positions of authority, they may themselves become targets of coordinated exclusion, reputational attacks, unreasonable performance scrutiny, or strategic isolation by boards, shareholders, or other members of management.
Certain indicators may suggest the presence of psychological harassment. These include persistent undermining of the executive’s credibility, removal of responsibilities without justification, exclusion from key meetings or communications, public humiliation, disproportionate criticism compared to peers, or the imposition of unrealistic objectives designed to precipitate failure. A sudden shift in treatment following a disagreement, whistleblowing event, or governance dispute may also be a warning sign. The analysis is contextual: courts and tribunals assess the overall pattern of conduct, its repetition, its impact on dignity, and whether a reasonable person in similar circumstances would consider the environment hostile or abusive.
Protecting oneself begins with documentation. A senior executive should maintain a detailed, contemporaneous record of events, including dates, participants, witnesses, and the substance of communications. Written confirmations of verbal exchanges can be crucial. Preserving emails, text messages, board resolutions, performance evaluations, and organizational charts demonstrating changes in authority may later prove determinative. In Québec, the burden is on the complainant to demonstrate facts supporting the allegation of harassment; thorough documentation strengthens credibility and evidentiary weight.
It is also essential to follow internal complaint mechanisms where appropriate, such as reporting to human resources, an ombudsperson, or the board of directors. Executives should review their employment contract, shareholders’ agreement, and corporate governance policies to assess additional recourses. Depending on the circumstances, remedies may include filing a psychological harassment complaint with the CNESST within the prescribed time limits, asserting constructive dismissal, or seeking damages before civil courts. Strategic legal advice at an early stage is critical to align the response with both employment law and corporate law considerations.
Finally, protecting one’s psychological and professional integrity requires a balanced approach. While asserting rights, the executive should continue acting in good faith, maintaining professionalism, and avoiding retaliatory conduct. Seeking confidential legal counsel, medical support if necessary, and trusted advisory input can help manage both legal risk and personal well-being. Psychological harassment at the executive level often involves complex power dynamics; a measured, well-documented, and legally informed response offers the strongest protection under Québec law.
This text is provided for legal information purposes only. If you have a specific question regarding your personal situation, please contact a lawyer.
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