What Do I do if I'm Being Bullied at Work in Alberta?
Bullying happens in the workplace all too often. Bullies due to their aggressive nature often rise to positions they probably shouldn't be in, and they can be clever in masking their misdeeds. It can be helpful to bring it up with human resources, but that is not always effective. There are certain legal steps you can take if you are being bullied.
Constructive Dismissal is when the bullying escalates to the extent that it is a material change to the employment contract. In that case, especially when the employer has had notice of the bullying and not taken steps to resolve it, Constructive Dismissal is an option. The remedy is obtained by resigning and suing. The damages are as calculated in Bardal v. Globe and Mail: see our article for more: https://www.flodenward.com/post/how-is-severance-calculated-in-alberta . Aggravated or punitive damages may also be payable depending on the circumstances.
Intentional Infliction of Emotional Distress
If you have physical symptoms of your harassment, and a record (usually from your doctor), you might be able to sue your bully directly (and your employer indirectly). This is a common action in a bullying case.
Occupational Health and Safety Legislation
These laws contain rules against bullying and allow for fines through an administrative process. This process can be used in addition to other options set out above.
If you you are being bullied at work and require advice, please feel free to contact us.
The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.