2010 CarswellOnt 834 (Ont Arb) at 139, an arbitrator set out
the following examples of bullying behaviour:
1. Persistently picking on individuals either in public or in
private or shouting at staff.
2. Punishing employees by removing responsibilities for minor
infractions or giving trivial tasks to employees.
3. Overloading an individual with work and reducing time
frames to complete the work.
4. Acting towards employees with a condescending attitude.
5. Demeaning, belittling or harassing other employees.
6. Spreading rumours, gossiping about or damaging a co-worker’s
7. Issuing hostile and threatening emails or inaccurate memos
about an employee.
8. Threatening a person’s job security.
9. Practical jokes that offend individuals.
10. Unwelcome remarks, slurs, jokes, taunts or suggestions about
a person’s race, colour, place of origin, religion, age, marital
status, family status, disability, gender or sexual orientation
11. Written or verbal abuse or threats.
The case law pertaining to bullying and harassment recognizes
that an employer has some latitude to manage its operations and
workforce. However, when the employer’s behaviour exceeds the
scope of the reasonable exercise of managerial authority, a find-ing
of harassment may be made. In all cases, employers should
treat complaints of bullying seriously and conduct an appropriate
investigation. Hopefully, the information in this article will assist
human resources professionals in conducting investigations and
putting in place training and other measures to prevent it from
occurring in the first place. n
Ozlem Yucel is an associate at TurnpenneyMilne LLP. Attend
Krista Siedlak of TurnpenneyMilne LLP’s presentations, “Bad Boss
or Bully? How to Know the Difference and What to Do About It,”
on Feb. 1 at 10 a.m. and, “#AfterMeToo: What Does this Mean for
Your Company?” on Feb. 1 at noon.
aleutie / 123RF
HRPROFESSIONALNOW.CA ❚ CONFERENCE ISSUE 2019 ❚ 41