Management rights of the employer versus psychological harassment

The line between the two is not always easy to draw.

According to the Act respecting labor standards, psychological harassment means any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures, that affects an employee’s dignity or psychological or physical integrity and that results in a harmful work environment for the employee. This definition now includes such behaviour in the form of such verbal comments, actions or gestures of a sexual nature. A single serious incidence of such behaviour that has a lasting harmful effect on an employee may also constitute psychological harassment.

With respect to management rights of the employer, and even if there is no single definition, it can be described as the discretionary power of the employer in the direction and control of the business of its organization. It includes the imposition of work rules and procedures, the evaluation of employee performance, the assignment of tasks, the control of the quality of work performance, the management of the discipline and the absenteeism, etc.

What must be remembered is that the possible psychological harassment of an employee may not be confused with the normal and legitimate exercise of the employer’s management rights, even if it can bring unpleasant and stressful situations to the employee.