Addressing Bullying in the Workplace: Impacts of Bill 14 Amendment

Bullying has become a hot button topic with many high profile cases being covered extensively in the media. From a workplace perspective, there is a recent example of workplace intimidation courtesy of David Siegel, founder & CEO of the time-share company Westgate Resorts. Siegel, who is currently building a 90,000 sq. ft home, reportedly America’s largest house, sent a memo to his 8,000 employees saying that if Barack Obama is re-elected as U.S. President, that he would be forced to layoff staff:

“…What does threaten your job however, is another 4 years of the same Presidential administration. Of course, as your employer, I can’t tell you whom to vote for, and I certainly wouldn’t interfere with your right to vote for whomever you choose …. If any new taxes are levied on me, or my company, I will have no choice but to reduce the size of this company. Rather than grow this company I will be forced to cut back… If that happens, you can find me in the Caribbean sitting on the beach, under a palm tree, retired, and with no employees to worry about…”

(October 8, 2012 – Email from David Siegel to his 8,000 staff)

In British Columbia, under the BC Human Rights Code, employers have always had the obligation to ensure that employees are protected from discrimination & harassment in employment, based on a set of prohibited grounds.

What has recently changed is the Bill 14 amendment to the Worker’s Compensation Act. Effective July 1, 2012, there have been a number of changes enacted that impact your business.

Previously, a worker may be entitled to workers’ compensation for mental stress if:

Psychological impairment is a consequence of a compensable injury or occupational disease, or
Mental stress is an acute reaction to a sudden and unexpected traumatic event arising out of and in the course of employment.

Since July 1, 2012, a worker may be entitled to workers’ compensation for a mental disorder if it is:

A reaction to one or more traumatic events arising out of and in the course of employment, or
Predominately caused by a significant work-related stressor, including bullying or harassment, or a cumulative series of significant work-related stressors arising out of and in the course of employment.

So what is bullying and harassment? Under the proposed Occupational Health & Safety policies changes, bullying and harassment:

Includes any inappropriate vexatious conduct or comment by a person towards a worker that the person knew or reasonably ought to have known would cause that worker to be humiliated, offended or intimidated, but
Excludes any reasonable action taken by an employer or supervisor relating to the management and direction of workers or the place of employment.

As the Bill 14 amendment is new and there have not yet been many cases adjudicated under the new rules, there is a lot of uncertainty as to how exactly the definitions will be interpreted and applied. Some of the proposed obligations for employers include:

Employer has a duty to ensure the health and safety of its employees;
Employer must take all reasonable steps to address bullying & harassment; and
Employer must inform, instruct, train and supervise workers to ensure their safety and those of other workers.

So what does this mean for your business? You need to take reasonable steps to address bullying & harassment in your workplace. You can do this by:

Developing & implementing HR policies to protect employees;
Developing & implementing HR procedures to report incidents; and
Providing training to employees & managers on maintaining a respectful workplace environment.

For assistance in developing the HR policies, procedures and training necessary to meet your obligations and help maintain a respectful workplace environment which is free from bullying and harassment, please contact Clear HR Consulting.