Psychological Harassment: Employers Must Intervene, Even Where Reconciliation Appears To Have Occurred

When Must an Employer Intervene in Cases of Psychological Harassment?

Has a situation between two employees seemingly been resolved? According to the Administrative Labour Tribunal, this does not relieve an employer of its obligation to intervene.

In an analysis published by Thomson Reuters in the Human Resources Bulletin, Yanick Gagnon-Carbonneau and Marianne Lapointe examine a recent decision that serves as an important reminder in matters involving psychological harassment: Once an employer becomes aware of a problematic situation, it must take action.

Psychological Harassment in the Workplace: Reconciliation Between Employees Is Not Enough

In the case they examined, an employee alleged that he had been the victim of psychological harassment following a physical assault committed by a co-worker. Although the employer had been informed of the incident, no action was taken, as the organization believed that the parties had “reconciled.”

The Tribunal rejected this approach, concluding that inaction cannot constitute a reasonable measure to prevent or put an end to psychological harassment in the workplace.

Our professionals emphasize that an employer’s obligation is not based on its perception of the situation but rather on the concrete steps implemented in response, including conducting an internal investigation, carrying out follow-ups, maintaining documentation and imposing corrective or disciplinary measures when appropriate.

Psychological Harassment Policies: A Legal Requirement and Risk Management Tool

The analysis also underscores the importance for employers to have a psychological harassment prevention and complaint-processing policy that complies with the Act respecting labour standards. Beyond being legally required, such a policy is a valuable governance and risk management tool. 

The decision further illustrates that a single serious incident may be sufficient to constitute psychological harassment. More broadly, it serves as a reminder that employers must remain vigilant with respect to any situation that may undermine the workplace environment, even when no formal complaint has been immediately filed. 

To learn more about employers’ obligations regarding psychological harassment and the key takeaways from the decision Barahona Ramirez v. Compagnie nationale d’importation de harengs ltée, read our analysis of employers’ obligations in cases of psychological harassment in the workplace.

Need Guidance on Psychological Harassment and Workplace Investigations?

If you have questions regarding psychological harassment, employers’ obligations or the management of workplace investigations, please contact our Labour and Employment Lawyers.