Q. My co-worker bullies me when no one else is around.
I’ve had to take stress leave because of depression which I believe was caused by the endless bullying.
I don’t think my employer really cares and I don’t know what to do. I can’t afford to quit and it is difficult to find jobs in my field.
A. This is a tough situation in which to find yourself and it is small comfort to know just how common bullying is in the workplace. An employer has an obligation to employees to provide a safe, healthy workplace.
An employer that does nothing to address a toxic work environment may be liable if a bullied employee leaves and then sues the employer for damages for wrongful dismissal. The employer may have committed a fundamental breach of the bullied employee’s employment agreement.
Employers should have policies and procedures in place to effectively deal with bullying situations in the workplace. WorkSafeBC now requires all BC employers to have these in place by no later than November 1, 2013. This is because claims for mental harm suffered by an employee as a result of harassment or bullying in the workplace have been accepted by WorkSafeBC since July 2012.
In thinking about what policies to have and what procedures to adopt to address bullying situations, an employer can consider the competence, skills and training of its own Human Resources staff, bring in a mediator to bring the two parties together and try to resolve the problems or bring in an outside consultant who can help the employer manage the conflict between the employees concerned and coach the employees on how to deal with the conflict.
If you are an employer or an employee in Vancouver or indeed, anywhere in British Columbia, and would like more information about the new WorkSafeBC amended policy or how to deal with a bullying situation in your workplace, we can help. Contact us now.
Legal Disclaimer: The general information provided in this blog does not constitute legal advice to you and is provided strictly for informational purposes only on an “as is” basis. Legal advice pertaining to your particular situation can only be provided to you if we have met with you personally to obtain all pertinent background information necessary to give you a formal legal opinion. If you wish to have formal legal advice about your matter, please make an appointment with us for a consultation. No lawyer-client relationship is created by your use of our blog or our website.
Although Railtown Law intends the contents of its blog and website to be accurate, complete and current, and does it best to ensure that it is, Railtown Law does not promise or guarantee that it is. Railtown Law is not responsible and will not be liable for any errors, omissions or delays in this information or any losses, injuries or damages arising from its display, use or any links provided. Railtown Law welcomes feedback from its readers noting any errors or omissions in the information provided in its blog or on its website.