Psychological Harassment (Lesson 4.8) Flashcards
What is psychological harassment under Article 81.18 of the Labour Standards Act?
Any** vexatious behaviour** through repeated or serious conduct (verbal, physical, or gesture) that harms the employee’s dignity or psychological/physical integrity, creating a harmful work environment.
Can a single incident be considered psychological harassment?
Yes, if the incident is serious enough to have a lasting harmful effect.
Who can commit psychological harassment?
Anyone—supervisors, coworkers, subordinates, or others. It can happen across genders and hierarchies.
What is the first action an employee should take if being harassed?
Tell the harasser to stop in writing to begin documenting the issue.
What obligations does the employer have under LSA 81.19?
Prevent psychological harassment
Stop it once aware
Promote awareness through HR policies, training, or reminders
When is the employer liable for harassment?
If they fail to act after becoming aware of harassment or fail to prevent it through proactive steps.
Why is reporting to the employer important?
The employer must be notified in writing to be held accountable. Without this, there may be no recourse under the LSA.
How long does an employee have to file a harassment complaint?
Within 2 years of the last incident.
Where is the complaint filed?
With the Labour Standards Commission.
What can the Labour Standards Commission do if the complaint is valid?
Reinstate the employee
Order payment of lost wages
Require the employer to stop the harassment (including firing the harasser)
Award moral and punitive damages
Order severance pay (indemnity for loss of employment)
Require employer to pay for psychological counseling
Modify employee’s work record if harassment affected job performance or employer filed false complaints
What are the types of damages available under Quebec civil law?
Normally, only compensatory damages (bodily, moral, material) are available.
When are punitive damages available?
Only when explicitly provided by law, such as in the LSA’s psychological harassment provisions.
