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Workplace Bullying & Harassment
Olivia Cicchini, Employment Law Expert
(Last updated )
Olivia Cicchini, Employment Law Expert
(Last updated )
Though remote work has many benefits, it also comes with unique challenges. Besides loneliness, Zoom fatigue, and space and privacy issues at home, cyberbullying is another problem affecting the health of remote workers.
According to the Canadian Institutes of Health Research (CIHR), 40% of Canadian workers experience bullying on a weekly basis. Unfortunately, this issue transitions into the virtual workplace as well. If your business switched to remote work full-time, it is important that you create a policy to address cyberbullying in the workplace.
Like bullying in the physical workplace, cyberbullying can take many forms. It is not just limited to verbal abuse or unfair criticism. Rude or demeaning emails, excessive and repeated contact from management and jokes about an employee’s home or belongings during a virtual meeting are all instances of cyberbullying.
There is no specific federal or provincial legislation on cyberbullying (except for Nova Scotia’s Intimate Images and Cyber-Protection Act, 2017). But under Section 162.1 of the Criminal Code of Canada, publishing intimate images online without consent of the person involved is a punishable crime.
The Ontario Superior Court recently recognized the tort of internet harassment. To put it simply, this means people can sue in superior court for internet harassment done through any online means.
Alberta’s Protecting Victims of Non-Consensual Distribution of Intimate Images Act also allows people to sue for damages if their intimate pictures are shared on the internet without their consent.
It is important to note that decisions taken in past cases involving online bullying in the workplace extended the protection provided under workplace harassment laws to instances of cyberbullying.
Online bullying, too, creates a toxic work environment that takes a toll on the mental and physical health of the employee being bullied.
It can cause anxiety, depression, distraction, low morale and — in the long term — a high staff turnover. In severe cases, it can also lead to physical ailments like high BP, panic attacks, ulcers. Ultimately, all this affects productivity in the workplace.
Not only would dealing with legal claims related to cyberbullying be costly for you, it would also tarnish your brand image.
The employer’s duty to take reasonable precautions to ensure the well-being of staff extends to the remote workplace as well. It is important that you take steps to stem out cyberbullying from your virtual workplace.
We recommend that you:
Develop a comprehensive policy on cyberbullying. It should state what actions or behaviours constitute bullying. It should also describe what is not considered harassment. Make it clear that the policy applies to the remote workplace as well as use of social media channels. Your policy should also clarify the complaint reporting procedure and the disciplinary process.
Remote collaboration involves communication challenges and has a learning curve as well. Your supervisors and managers may benefit from training on online etiquette and cyberbullying.
This policy should set down how company-issued devices are to be used. It should also list what would be considered as inappropriate use of IT resources. The policy should establish your right to monitor communications over company devices and email. This will help you track and detect instances of cyberbullying in the workplace.
Your social media policy should lay down the code of conduct your employees must observe while posting content online. Your policy should also set guidelines for employees responsible for sharing content on behalf of the company. Social media includes social networking sites such as Facebook, Twitter, Instagram, etc.
It is also helpful to define what sort of content or remarks are unacceptable and the consequences of breaching the set code of conduct.
Set down a clear reporting procedure for instances of cyberbullying. Make sure your cyberbullying policy is included in your employee handbook. You could also designate a point person in the workplace to whom employees could go to report incidents of harassment.
Make sure every complaint is dealt with sensitively and investigated thoroughly. Set down the procedure for taking disciplinary action. Make it clear that the disciplinary action may include dismissal, depending on the severity of the offence.
Cyberbullying in the workplace can affect the wellbeing and productivity of your staff. It is important that you create a policy to address and prevent cyberbullying.
Peninsula’s experts can help you develop a cyberbullying policy, and with any other HR, health & safety, and employee management advice you may need. See how we’ve helped other small and medium businesses get their business compliant with provincial legislation. To learn more about how our services can benefit your business, call an expert today at 1 (833) 247-3652
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