Practical Analysis

Where the Workplace Ends Is Not Where Employer Responsibility Always Ends

Canadian employers need to distinguish bullying, harassment, discrimination and ordinary management, including what happens at social events and away from the worksite.

An employee tells HR that their supervisor has been bullying them. A manager replies that everyone is under pressure and the employee needs to develop a thicker skin. Another manager asks whether the complaint is based on a protected characteristic before deciding if the organization needs to act. Neither response is a good starting point. The employer needs to understand the conduct, the context and the legal duties it owes, even when a complaint is uncomfortable or the events happened outside ordinary working hours. Bullying and human rights harassment aren't always identical. The Alberta Human Rights Commission explains that harassment involving an adverse effect connected with a protected ground can amount to discrimination under the Alberta Human Rights Act. It also explains that harassment or bullying may be unacceptable even when it doesn't satisfy the human rights statute's particular test. Occupational health and safety obligations, employment contracts, collective agreements and employer policies can still require action. A remark needn't be unlawful discrimination to create a serious workplace problem.

This is a preview. Full access remains subject to the reading allowance or membership.

Opening this Binder HR briefing…

Was this useful?

Keep the value working

Have Binder keep watching this for you.

Follow the issue, see what changes next and keep related Canadian developments attached to the same business context.

0Related developments
0Related cases
0Premium tools

Read the source ↗