Preventing conflicts in the workplace
For their psychological health, workers have the right to work in a healthy and safe environment, free from harassment and violence, in particular.
Prevention is the most effective approach to maintaining a positive workplace climate. It helps prevent issues from taking root and escalating. Conflicts are among the main risk factors that can lead to psychological or sexual harassment in the workplace when poorly managed or ignored. They may arise when people disagree on a particular issue. Examples of potential causes include:
- An interpersonal conflict;
- A conflict of values;
- Differing points of view on work organization;
- Power struggles.
Employers are responsible for implementing a policy to prevent psychological or sexual harassment in the workplace. They must also intervene promptly when informed of such a situation, for example by meeting each person concerned, individually and in groups, and fostering collaboration to find solutions.
Psychosocial risk factors
Workers have the right to work in a healthy and safe environment. However, certain risk factors and situations can disrupt workers’ psychological health.
Psychosocial risks exist in any workplaces and may affect a person’s physical and psychological health. They should always be considered as part of an overall picture, rather than in isolation. Below are some risk factors that require vigilance:
- Low decision-making autonomy (when workers have very little or no say about their work);
- High workload (poor balance between assigned tasks and time available to complete them);
- Lack of organizational justice (negative perception by workers of workplace policies, procedures or decisions regarding them in their workplace);
- Low or insufficient recognition (workers’ efforts and achievements are not acknowledged fairly or appropriately);
- Weak support from colleagues and supervisors (insufficient team spirit, group cohesion and collaboration from colleagues and supervisors in carrying out tasks).
Preventing psychological and sexual harassment in the workplace
Under the Act respecting labour standards, all workers have the right to a workplace free from psychological, sexual or cyber harassment. Employers must take appropriate measures to prevent harassment.
Harassment creates an unhealthy work climate for the person experiencing it, and can have serious repercussions on the entire team. Some behaviours may be associated with psychological or sexual harassment in the workplace, whether by managers toward staff members, between colleagues or by staff members toward a superior, for example:
- Preventing a person from expressing themselves by constantly interrupting them;
- Isolating the person by refusing to acknowledge their presence or no longer speaking to them;
- Undermining a person by ridiculing or humiliating them;
- Discrediting someone by criticizing them in public;
- Threatening someone by shouting;
- Humiliating a person by making degrading remarks;
- Engaging in unwanted or sexually suggestive behaviour;
- Etc.
It is sometimes possible to confuse an unpleasant workplace situation with harassment. For example, when an employer exercises their right to manage in a way that feels restrictive, or when a workplace conflict arises, this does not necessarily amount to
5 conditions must be met to conclude that psychological or sexual harassment in the workplace has occurred:
- Vexatious conduct
- Repeated words, gestures or behaviour
- Hostile or unwanted actions
- Violation of a person’s dignity or integrity
- A work environment that has become harmful to the victim
However, a single serious incident may also constitute psychological harassment if it has a lasting negative impact on the worker.
The law also includes harassment linked to discrimination based on one of the 14 grounds listed in the Charter of Human Rights and Freedoms, which falls under the jurisdiction of the Commission des droits de la personne et des droits de la jeunesse (CDPDJ).
The employer is obliged to:
- Adopt and make available to their staff a policy for preventing and handling psychological harassment;
- Act to stop harassment when informed of such a situation.
Updating the harassment prevention and management policy
Following the adoption of the Act to prevent and fight psychological harassment and sexual violence in the workplace, a number of elements must be included, in particular:
- The employer must provide a description of the methods used to identify, control, and eliminate the risks of psychological harassment;
- The designation of an impartial person responsible for receiving complaints or reports of harassment;
- A prevention plan that takes into account both psychosocial risk factors and those related to sexual violence.
For more information
The CNESST also provides several publications for the public:
Telework
Telework is a form of work organization set up by the employer within their business. It falls under the employer’s right of management, meaning the employer is free to authorize or refuse the right of workers to work remotely rather than at their usual workplace.
Even when tasks are performed in a telework location, either on a regular or occasional basis, the employer must ensure that labour laws and collective agreements are respected.
Telework also involves risks:
- Ergonomic risks (prolonged sitting, awkward posture, inadequate equipment and furniture, etc.);
- Psychosocial risks (time management issues, lack of support, harassment, etc.).
To prevent these ergonomic and psychosocial risks associated with telework, the employer must set up a prevention plan to identify, correct and monitor the risks. Workers must be involved in developing this plan.
- Identify: for example, workers can send photos of their home workstations to analyze the risks associated with telecommuting.
- Correct: for example, encourage social support and avoid isolation by establishing regular communication channels.
- Monitor: for example, the worker may periodically check their workstation to ensure compliance with ergonomic best practices.
If the employer wishes to conduct an inspection of the worker’s private telework location, they must obtain the worker’s consent, unless a court order authorizes
Worker surveillance (office or remote monitoring devices)
In certain cases, an employer may use video surveillance if the purpose pursued is legitimate, significant, urgent and genuine, and if the collection of images of individuals is proportionate to that purpose.
The installation and use of a video surveillance system must comply with the Charter of Human Rights and Freedoms, the provisions of the Act respecting access to documents held by public bodies and the protection of personal information in the case of a public body, or the provisions of the Act respecting the protection of personal information in the private sector in the case of a business.
Examples of situations that may justify the use of a video surveillance system if the objective is legitimate, significant, urgent and genuine:
- Absenteeism
- Time theft
- Property theft
- Harassment
- Lower productivity
- Security
Best practices for employers using video surveillance systems :
- They adopt a video surveillance policy and appoint a person responsible for managing it;
- They inform workers or the public about the presence of cameras and the collection of personal information;
- They limit the scope of video surveillance to capture only the images necessary to address the specific issue;
- They ensure the security of recorded footage, for example by keeping areas containing viewing equipment locked and protected;
- They restrict access to and use of recorded images;
- They securely destroy images as soon as they are no longer needed;
- They provide access to images for individuals concerned, when applicable;
- They periodically review the necessity of using video surveillance and the overall policy.
Even in telework situations, the employer retains a limited right to monitor work activities. However, this right is restricted by the worker’s right to privacy. Continuous video or audio surveillance of a worker while performing their work is generally not permitted.
Surveillance cameras must not be used to monitor workers’ private lives. Cameras must not be placed in bathrooms, locker rooms, or in worker housing, particularly in the case of temporary foreign workers whose accommodation is provided by the employer.
