Taking a stand against workplace bullies

If you are employed, manage or own a business or organization, chances are that you or someone you know has been bullied or psychologically harassed in the workplace.

That’s because 40 per cent of Canadians report being victimized by this sort of behaviour at some point during their careers, according to recent surveys. Consider that for a second: on any given day, four in 10 employees are being actively distracted from their work – or outright sabotaged in their ability to help their organizations succeed and grow – by one or more individuals who feel it’s their right to create unpleasant and unwelcome intra-office turmoil. This is a huge problem, one which thte Canadian business community is only now beginning to understand, quantify and address.

A certain degree of bullying — whether in the form of racial taunts or stereotyping, physical violence, or sexual harassment — was once considered acceptable workplace behaviour, or at the very least went unpunished. Times have changed, and so has technology.

Bullying and harassment have taken on a new dimension, stretching their reach beyond the the physical workplace in the form of cyberbullying. Bullied employees or even managers are now finding email and social media channels such as Facebook and Twitter have turned into easily accessible platforms for tormentors to continue their harassing ways. Worse, it’s becoming more difficult for employers to contain the fallout from online attacks. Policing the day-to-day issues in the physical workplace is one thing, but managing all of the electronic communications disseminated by staff can be a nearly impossible task. The fact is cyberbullying usually comes to an organization’s attention only after it’s been going on for some time — if it does at all.

In a 2012 case, the dismissal of a 30-year employee from Canada Post for cause was upheld given the employee’s serious cyberbullying conduct, which included repeatedly making abusive, threatening and intimidating remarks about management on her Facebook page, some threatening physical harm. These posts were found to have created a toxic work environment and prompted managers directly involved to take time off work — one even sought medical treatment for stress. This case was particularly egregious and subject to review by the employer because the employee’s co-workers were Facebook “friends,” she used the names of her supervisors in her posts, and she openly identified Canada Post as her employer.

Many employers are now taking workplace bullying and psychological harassment seriously, particularly given their obligations to protect employees from harassment and violence under health and safety legislation. However, regardless of employers’ efforts to maintain a healthy and safe workplace, it is clear a great deal of work needs to be done to eradicate the influence of these counterproductive behaviours.

According to the Canadian Centre for Occupational Health and Safety (CCOHS), bullying is “usually seen as acts or verbal comments that could ‘mentally’ hurt or isolate a person in the workplace … and can involve negative physical contact as well. Bullying usually involves repeated incidents or a pattern of behaviour that is intended to intimidate, offend, degrade or humiliate a particular person or group of people. It has also been described as the assertion of power through aggression.”

Types of bullying

The CCOHS goes on to specify the various forms of workplace bullying or psychological harassment. They include:

• Spreading malicious rumours, gossip, or innuendo that is not true
• Excluding or isolating someone socially
• Intimidating a person
• Undermining or deliberately impeding a person's work
• Physically abusing or threatening abuse
• Removing areas of responsibility without cause
• Constantly changing work guidelines
• Establishing impossible deadlines that will set up the individual to fail
• Withholding necessary information or purposefully giving the wrong information
• Making jokes that are ‘obviously offensive’ by spoken word or email
• Intruding on a person's privacy by pestering, spying or stalking
• Assigning unreasonable duties or workload which is unfavourable to one person (in a way that creates unnecessary pressure)
• Underwork — creating a feeling of uselessness
• Yelling or using profanity
• Criticizing a person persistently or constantly
• Belittling a person's opinions
• Unwarranted (or undeserved) punishment
• Blocking applications for training, leave or promotion
• Tampering with a person's personal belongings or work equipment

Regardless of how it plays out, employers are taking note of the impact of bullying and harassment for a number of reasons. The first is because it can disrupt workplace engagement, increase costs related to absenteeism, benefits and turnover, and damage an employer brand — typically defined as its ability to attract and retain top talent. In an increasingly knowledge-driven economy, being able to hire the best and brightest is crucial to an organization’s success. Top performers often do their homework before joining an employer and if the organization’s treatment of employees is considered substandard or their reputation for tolerating poor behaviour is well known, this could discourage prospective talent from joining an organization.

Second, this misconduct can impact productivity and innovation. Employees who fear harassment at the hands of their colleagues or managers are less productive than those working in welcoming environments where workers’ goals are aligned. And, as mentioned earlier, when that bullying extends to cyberspace, it becomes even harder to manage.

Lastly, employers are actively trying to curb bullying and psychological harassment due to recent court and tribunal rulings that have held corporations responsible not only for the actions of their bully employees, but for paying damages to compensate victims for their suffering. Case in point: the highly-publicized case involving Meredith Boucher, a Wal-Mart employee who faced months of psychological harassment from a manager. After complaining to her superiors, an internal workplace investigation found no evidence of bullying. Boucher later faced discipline for making what the company deemed unsubstantiated accusations.

Boucher subsequently resigned and sued both Wal-Mart and her former manager. In 2012, she was awarded a record settlement of $1.4 million, which was later reduced to $400,000 on appeal. The court also awarded Boucher $10,000 from the manager personally. The case helps to underline the seriousness with which courts are taking the issue.

Strategies for employers

As with any employment law matter, workplace bullying and psychological harassment are best dealt with proactively. Waiting until they inflict what could be irreparable damage will only exacerbate the impact on the organization. Here are five strategies to mitigate the effects of bullying and harassment before they emerge:

Create and enforce a comprehensive employee policy manual. Workplace legislation in every province prohibits harassment. In Ontario, that legislation is the Occupational Health and Safety Amendment Act, which defines workplace harassment and outlines the zero tolerance policy organizations must communicate and enforce. That said, an organization’s employee policy manual should reflect compliance with legislated requirements. Equally important is defining what behaviours the company deems appropriate — both in the workplace and online. A policy manual’s anti-bullying measures should include:

• A zero-tolerance commitment statement from the organization’s leadership team
• Clauses outlining the policy’s applicability to management, employees, clients, and other third-party vendors
• A clear definition of workplace bullying and examples of unacceptable behaviour
• A clear process for employees to follow when reporting incidents
• A clear outline of the organization’s workplace investigation process
• An outline of steps the organization will follow to take corrective action when a bullying incident is confirmed
• A commitment to confidentiality and discretion
• A no-reprisal and non-retaliation statement

Develop a process to investigate incidents of bullying. Allegations of harassment must be properly investigated and documented. Failing to take this step can limit an organization’s ability to defend itself against a lawsuit or human rights complaint. That means either outsourcing to a third-party investigator or assigning a manager or HR professional with investigative experience to handle the matter, conducting extensive internal interviews to obtain facts relating to the allegations and ensuring due process and fairness by allowing all parties to provide input, then reviewing and responding to any allegation.
Train managers. Any attempt to eradicate workplace bullying and harassment starts with executive and management-level training and awareness programs. It’s only when senior leadership understands the scope of the problem that it can be enforced effectively. Managers should be coached on how to identify suspected bullying in the workplace, as well as how to handle employee complaints. They should also be given proper procedures to follow when a situation needs to be escalated to the executive level. Most important, managers should be required to demonstrate appropriate and acceptable workplace conduct at all times.
Encourage clear and open communication. Many bullied or harassed employees will never make their grievances known to management, or even their co-workers. That’s because they’re often
so embarrassed, ashamed or overtly intimidated by the actions of their tormentors that taking action becomes a non-starter. Organizations that establish a clear mechanism for confidential dialogue and disclosure put themselves on a more stable footing when it comes to addressing these issues, while also helping to fend off the risk of costly lawsuits or unfavourable tribunal rulings.
Don’t hire bullies. It may seem obvious, but the best way to avoid bullying in the workplace is to avoid hiring potential perpetrators in the first place. That’s easier said than done, of course, but recruitment strategies that include some combination of psychometric testing, attitudinal assessment and tiered interviews that involve a cross-section of staff from across the organization can have a hugely positive influence on a company’s staffing decisions. And when a bully manages to slip through, managers should be quick to terminate. Most bullies can’t be reformed and their lingering presence in a workplace will only continue to sour engagement and impact organizational success.

For more information see:

• Canada Post Corp. v. C.U.P.W., 2012 CarswellAlta 449 (Alta. Arb.).
• Boucher v. Wal-Mart Canada Corp., 2014 CarswellOnt 6646 (Ont. C.A.).