Increasingly individuals are seeking legal representation to address hostile work environments. Employees claim they can no longer work due to their employer's failure to prevent an abusive workplace or the psychological harassment of a supervisor or other employee. This alleged harassment is often not based on an enumerated personal characteristic which would have given the employee a human rights claim (e.g. race, sex, age, sexual orientation, etc.), but rather is a personal attack on the employee's character, skills or competence, work ethic, or job security.

From the employee's perspective such harassment may very well be intolerable and deserve a remedy. From the employer's perspective there is seldom an express intent to harass, but rather a desire to motivate without mollycoddling the employee. Other times employers explain the conduct as being normal workplace banter, jokes, or innocent personality quirks.

In the past decade the issue of workplace environment has spread from the courts to the legislature. In June 2004, the Province of Quebec became the first Canadian jurisdiction to implement anti-psychological harassment provisions in its employment legislation: ss.81.18 to 81.20, An Act Respecting Labour Relations, 2002, c. 80, s. 47.

Last year in July, British Columbia expanded the scope of the Workers Compensation Act, RSBC 1996, c 492 ("WCA") to include injuries "... predominantly caused by a significant work-related stressor, including bullying or harassment, or a cumulative series of significant work-related stressors, arising out of and in the course of the worker's employment."

This paper provides a brief overview of some of the potential liability an employer could face as a result of psychological harassment in the non-union workplace, and will examine:

  • claims in contract, and in particular, claims for constructive dismissal;
  • claims in tort, and in particular the claim of tort in intentional infliction of mental suffering; and
  • claims under statute, and in particular the availability of workers' compensation benefits for stress leave, bullying, and harassment.

Download the full paper here.

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