When a conflic degenerates into psychological harassment

A nurse filed several grievances, two of which were for psychological harassment. The evidence pointed to a conflicting relationship between the employee and a co-worker. The insulting and demeaning remarks made by the co-worker to the employee in the presence of other team members, such as “what’s your problem” or “who do think you are”, could seem trivial when seen as isolated incidents. However, these remarks carried a lack of respect which, over time, became humiliating for the employee and resulted in a harmful work environment. She was absent due to depression following a confrontation where the co-worker grabbed her by the collar. Though he had received a complaint for psychological harassment as early as October 2005, the employer did nothing to stop the psychological harassment. According to the arbitrator, the employer had no right to simply say to the employee and her co-worker that they should settle their issues on their own. The employee was awarded $50 000 in moral damages and $10 000 in punitive damages.

Syndicat des professionnelles et professionnels en soin de santé du Centre hospitalier de l’Université de Montréal (FIQ) v. CHUM (Hôpital Notre-Dame) (A.N.), DTE 2011T-730 (T.A.) Me Diane Veilleux