Ethics and the Fight for Civility: Navigating Policy Frameworks
摘要
It will be no surprise to learn that workplace bullying is illegal. We all know this and likely can all agree that rendering bullying illegal is a great starting point. However, prohibiting this all-too-common workplace behavior is far from sufficient in and of itself. In addition to rendering bullying illegal, we also need a) a coherent mechanism to prevent it; b) mechanisms to address it adequately; c) protection for employers and employees that take steps to prevent it; and d) actual, meaningful ramifications against those that engage in workplace bullying. In this chapter, I will set out the current legal landscape of workplace bullying: how Canadian law currently addresses the issue, some important considerations for employers and workers dealing with workplace bullying including important ethical considerations, and then my predictions and recommendations for a better and more cohesive framework to deal with bullying in the workplace. As will be set out further below, the legal framework for workplace bullying and harassment is improving, but it is currently and clearly not addressing the issue as quickly or effectively as necessary. As such, in conjunction with statutory prohibitions on the types of conduct falling within the definition of bullying, harassment, and workplace violence, more proactive measures are needed. We need more robust support for employers acting to stop such misconduct, as well as more impactful sanctions against both employers and individuals that engage in or permit such treatment against workers.