Remedies for the employees in case of sexual harassment

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Valerie Gonthier

Sunday, 22 October, 2017 08:00

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Sunday, 22 October, 2017 08:00

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What to do if a boss or a colleague passes from repeated comments indecent or poses, gestures, or degrading treatment against you ? Since sexual harassment is often ” insidious and subtle “, in case of doubt, employees who believe victims should not hesitate to consult, believe experts.

In the wake of denunciations involving well-known personalities in Quebec, The Journal features the many remedies available from the complaint to the human resources denunciation to the police.

Internal resources

“An act is indecent, it is not suitable. But not everything is criminal. However, this is not because it is not criminal that this is not serious, ” says François-David Bernier, a lawyer and analyst of the judiciary. Ideally, a situation of sexual harassment in the office is first reported to the house, think they are experts in labour law. In a unionized environment, the union is the first responder to contact.

Alternatively, businesses have the responsibility to make available to their employees a resource to contact in the event of a problem, says ms. Marie-Josée Sigouin. And in the case of a smaller company, if the harasser is found to be the only person in a position of authority, the board of directors may be questioned, add Me Kathrine Poirier.

Labour standards

In Quebec, almost all of the employees may have free access to resources to aid in the case of sexual harassment. A complaint may be filed with the Commission on labour standards, equity and health and safety in the workplace (CNESST). “After the complaint, the employee may have access to an investigator to investigate the situation, and then a lawyer to represent him. And it is not necessary to resign from her job to have access to these resources, ” Me ” Poirier. This solution is applied more often to the employees of small businesses, where it can be difficult to denounce a situation of harassment.

Commission of human rights

Harassment based on a personal characteristic, like gender, is prohibited by the Charter of rights and freedoms. An employee can turn to the Commission on human rights to file a complaint. We speak of harassment when words or actions of a colleague or a boss “affect the dignity or the psychological health or physical” of another person, one can read on the website of the organization. It is, therefore, comments that are offensive, derogatory or hostile. But the concept of sexual harassment remains ” grey “. “The biggest danger in all this is that harassment is often insidious and subtle. It is all a matter of perception “, note Me Bernier, adding that the line is “thin” between the harassment, flirtation or a comment moved.

Complaint criminal

A colleague or a boss you kissed her with force on the mouth ; maybe it comes of committing a sexual assault ? Not necessarily, insists a retired judge. “A kiss on the mouth as such, it is more in accordance with labour standards. A sexual assault, it is an act committed in a context with sexual overtones, ” explains Nicole Gibeault, a former judge of the Court of Québec. However, if the victim is forced upon the stolen kiss or if the kiss is accompanied by touching, the act can become criminal. “There are no clear rules. This is the global context will be analysed “, she insists.

Also, a gesture that moved or degrading treatment or punishment, as expose his or her genitals, can be considered an act of indecent within the meaning of the act. Moreover, sexual harassment is not included in the criminal Code, unlike criminal harassment.

But the line is thin to determine what is and is not acceptable in the eyes of the law. “From the moment a person believes to be a victim of stalking, it is necessary to file a complaint,” insisted the lieutenant Martine Asselin of the Sûreté du Québec.

Civil action

Sometimes, an individual may be acquitted at the criminal, simply because there is a reasonable doubt as to his responsibility in the offence. Victims can turn to the civil where the burden of proof is very different, ” says Gibeault. In civil cases, the person referred to by the prosecution can be held responsible according to a proof by balance of probability. It is therefore possible for the victim to obtain financial compensation, demonstrating that the offending person has not complied with the rules of conduct are customary and that it has caused harm to others.

Tracks solution

“All employers in Quebec have the obligation to put in place measures to prevent the harassment. It is important to issue directives to the internal, which are the promotion of civility. If one works for a work environment that is civilized, it is held away from the harassment, ” explains Marie-Josée Sigouin.

François-David Bernier believes, for its part, that an independent body should be put in place for all in Quebec.

“Not all employees who are covered by the labour Standards. It would take a centre management in general, which could redirect to the right place complaints to the police if it is criminal, for example, ” he says.

The Ordre des conseillers en ressources humaines agréés, it would be that Quebec follow Ontario and requires employers to systematically investigate incidents and complaints of workplace harassment, including those of a sexual nature.