March 2003

Disclaimer: This article is written for informational purposes only and should not be relied upon as legal advice. In each case, specific legal advice should be obtained which will be responsive to the circumstances of the individual requiring it (Copyright and Disclosure).

Should you need to speak to a lawyer about a employment and labour law issue, please contact either Russell Raikes or John Peters by e-mail, or by phone at (519) 672-9330. If corresponding by e-mail be sure to include your name, your telephone number, and a brief message.

Growing up, school yard fights, teasing, threats, and bullying were a fact of life.  Certainly, the phrase “zero tolerance” was not in vogue.  We all went through it, survived it and some might say, were a little better prepared for the real world because of it.

Society’s view of bullying has changed dramatically in the last 10-20 years.  That change has found its way into the workplace.  The courts have repeatedly admonished employers who engage in tactics for dealing with employees that the court regards as disrespectful or bullying.  This kind of conduct has, in many cases, resulted in higher awards of damages against employers.  In arbitrations under collective agreements, there are many cases where employers have been found in breach of the agreement for creating or tolerating a “poisoned work environment”.  That finding has been made where the employer was directly involved in the bullying practice or where the employer was aware that the bullying was going on, and failed to stop it.

There are many studies that show that a poor working environment leads to reduced productivity, increased lateness and absence, higher staff turnover, increased workplace conflict and the need for increased time and resources to deal with the fallout from this environment.  For example, more time is spent mediating disputes between employees or even interviewing to hire replacement employees who have quit.

Bullying takes many forms.  It is not limited to physical contact or threats of physical contact.  It includes any form of physical, verbal or non verbal conduct that directly or indirectly undermines a person’s self esteem and self confidence.  It can include persistently picking on people in front of others or in private, shouting at employees, demeaning an employee, insulting or offensive verbal or electronic communications.

We recommend that employers take a proactive approach to the issue of bullying in the workplace.  The employer should develop a written policy that expressly states that bullying is not permitted and will not be tolerated.  The policy should make clear that people who bully others will be disciplined up to and including termination of their employment. This policy should be distributed to employees and should be posted prominently in the workplace.  Employees should be encouraged to communicate any concerns that they may have with respect to bullying in a confidential manner.  Often, employers are unaware of the environment in which the employees work because they are “above the fray”.  Sometimes the employer himself is the problem. The employer should make inquiries from time to time and should do so with the assurance to employees that there will be no reprisal for speaking honestly.

There are many positive benefits to a bully free workplace. Employees are happier, more productive, stay longer and are more loyal.  Everyone is entitled to work in an environment free of the fear of bullying and it is the obligation of the employer to take reasonable steps to ensure that that environment is present.  If an employer fails to do so, it significantly increases the risk of legal liability not to mention the day to day reduction in overall productivity and effectiveness of employees.