Workplace bullying and harassment

Victims of workplace harassment and bullying often feel they have no recourse. These individuals can be the victims of intimidation, hurtful rumours or unjustified criticism, and over a period of time, they gradually see their working environment degrade around them. Complicating workplace harassment further is that often the perceived harasser is the employee’s supervisor, creating a difficult power imbalance.

Traditionally, non-unionized employees have had limited avenues to address harassment problems. In my experience, the victims of bullying often try to continue working. They are miserable at work and become prone to anxiety and depression, often taking increased sick time. More often than not, the situation is untenable, and the employee either resigns or is terminated.

Fortunately, attitudes are changing towards bullying in the workplace, and new remedies are being made available to victims. On November 1, 2013, WorkSafeBC will be implementing a series of policies dealing with workplace harassment which will detail the obligations of employers, employees and supervisors in confronting workplace bullying.

These new policies are built out of a section of the Workers’ Compensation Act that recognizes that employers must assure the health and safety of its workers and provide meaningful instruction and training to meet this requirement. Because workplace bullying and harassment are contrary to a healthy and safe working environment, these new policies require employers to take reasonable steps to prevent it.

While what will be required of employers in addressing bullying will naturally depend on context, some preliminary steps all employers must take to confront the issue include:

1. Developing a policy statement with respect to workplace bullying and harassment not being tolerated;
2. Taking steps to prevent where possible, or otherwise minimize, workplace bullying and harassment;
3. Developing and implementing procedures for workers to report incidents or complaints of workplace bullying and harassment;
4. Developing and implementing procedures for how the employer will deal with incidents or complaints of workplace bullying and harassment, including how to conduct investigations;
5. Training supervisors and workers on recognizing, responding and reporting bullying.

While these new policies should go a long way in responding to workplace harassment and bullying, it is important to recognize what bullying is not. Sometimes there can be a fine line between being a demanding boss and being a bully. For this reason, WorkSafeBC clearly states that differences of opinion, constructive feedback and advice, and reasonable actions taken by an employer in managing the workplace will not be considered bullying or harassment, regardless of the employee’s perception.

For years, many victims of workplace harassment have had to suffer in silence. Fortunately, there have been some positive changes made within WorkSafeBC policy and legislation to identify and address workplace bullying.

For more information on WorkSafeBC’s new bullying policies, please consult my blog at www.barristerslounge.wordpress.com, or contact WorkSafeBC. On September 26, 2013, I will be presenting to local businesses on meeting the requirements of these new rules. To register, contact me at [email protected].

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.