What counts as psychological harassment at work?
Short answer
In Quebec, psychological harassment is vexatious behaviour that takes the form of repeated conduct, words, actions or gestures that are hostile or unwanted, that affect the employee's dignity or psychological or physical integrity, and that result in a harmful work environment for them (s. 81.18 of the Act respecting labour standards).
In detail
The definition has five elements, and all of them must be present: vexatious behaviour; a repetitive character; a hostile or unwanted character; an effect on dignity or integrity; and a harmful work environment that results from it.
The Act provides an exception to the requirement of repetition: a single serious incident of such behaviour may amount to psychological harassment if it has that kind of effect and produces a lasting harmful effect. Since the 2024 amendments, the section also specifies that psychological harassment includes such behaviour where it takes the form of words, actions or gestures of a sexual nature.
All of these notions are assessed on the facts. The normal exercise of management rights — assessing performance, setting expectations, sanctioning a shortcoming — is not in itself harassment, unless it is exercised in an abusive or unreasonable way. No one can say in advance whether a given situation will be characterized as harassment: that assessment belongs to the decision-maker who hears the evidence.
What to document
Each incident with its date, along with the time, the place, the exact words or gestures, the people who were present, and the effect you felt. Keep the emails, texts and messages, the reports you made to the employer and the replies you received, as well as medical notes if there are any. It is repetition documented over time that distinguishes an isolated incident from a course of conduct.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Act respecting labour standards (CQLR, c. N-1.1) — Légis Québec
- Act respecting labour standards — full text (CanLII)
- CNESST — Harassment at work
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.