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Management, Inappropriate
Management or Psychological
Harassment: Where do we draw the
line?
Professor Angelo Soares
Department of Organization and
Human Resources
UQÀM
Decent Society
"A decent society is one whose
institutions do not humiliate people"
Avishai Margalit
Decent Work
Decent work is work where there is an effort
to prevent situations where workers feel
humiliated.
Work is decent when management and
organizations ensure that their workers have
no reason to feel humiliated.
Humiliation
***
Avishai Margalit
Humiliation
Humiliation is often a factor in
psychological harassment in the
workplace.
Psychological Harassment
Definitions
Carroll Brodsky (1976)
"Harassment is behavior that involves repeated
and persistent attempts by one person to
torment, wear down, frustrate, or get a
reaction from another. It is behavior that
persistently provokes, pressures, frightens,
intimidates, or otherwise discomforts another
person."
Heinz Leymann (1984)
***
Marie-France Hirigoyen (1998)
***
Bill 143 – Quebec
For the purposes of this Act, "psychological
harassment" means any vexatious behaviour in
the form of repeated and hostile or unwanted
conduct, verbal comments, actions or gestures,
that affects an employee’s dignity or
psychological or physical integrity and that
results in a harmful work environment for the
employee.
Bill 143 – Quebec (cont’d)
A single serious incidence of such
behaviour that has a lasting harmful
effect on an employee may also
constitute psychological harassment.
Bill 143 – Quebec (cont’d)
All employees have the right to a work
environment free from psychological harassment.
Employers must take all reasonable action to
prevent psychological harassment and, whenever
they become aware of such behaviour, to put a
stop to it.
Recourse Against Psychological
Harassment
An employee who believes he has been the victim of
psychological harassment may file a complaint in writing with
the Commission des normes du travail.
If the Commission des relations du travail considers that the
employee has been the victim of psychological harassment
and that the employer has failed to fulfil its obligations, it
may render any decision it believes fair and reasonable,
taking into account all the circumstances of the matter,
including:
Recourse Against Psychological
Harassment
(1) ordering the employer to reinstate the employee;
(2) ordering the employer to pay the employee an
indemnity up to a maximum equivalent to wages lost;
(3) ordering the employer to take reasonable action to put a
stop to the harassment;
(4) ordering the employer to pay punitive and moral
damages to the employee;
Recourse Against Psychological
Harassment
(5) ordering the employer to pay the employee an
indemnity for loss of employment;
(6) ordering the employer to pay for the psychological
support needed by the employee for a reasonable period
of time determined by the Commission;
(7) ordering the modification of the disciplinary record of
the employee.
February 2005 – Commission des
normes du travail (CNT)
1,580 complaints
- 1,030 files being processed (65%)
- 550 files closed (35%)
12 unfounded complaints (2%)
110 agreements (20%)
2 investigation reports sent to the Commission des
relations du travail
Four Dimensions Always Present
The persistent nature of the action;
•The repetitive nature of the action;
•The effects are always negative, devastating and
destructive for the targeted persons;
•The definition emphasizes the impact on the
target person and not the intentions of the person
who harasses.
•
The Myths of Harassment
Myth 1
The definition of psychological
harassment is not clear.
Bullying = Mobbing
***
(Stale Einarsen, Helge Hoel, Dieter Zapf and Cary
L. Cooper, 2003)
Moral harassment = psychological harassment
Myth 2
(Link to Management)
It's not psychological harassment, it's managers
exercising their rights.
It's not psychological harassment, it's leaders
being tough.
Managing Rights
The manager has the prerogative to decide how
to manage.
The manager's rights can be explicitly set out in
the collective agreement.
Managing Rights
Economic aspects: financing, investment, prices, nature of
products, etc.
Production: organizing production, determining
manufacturing processes, making decisions pertaining to
organizational change, sub-contracting, etc.
Human resources management: staffing, staff assignments,
discipline, promotions, demotions, dismissals, etc.
Source: Dion, Gérard
Human Resources
Management
Knowledge of the business: finance, marketing, strategy,
technology, production, etc.
Knowledge of human resources practices: staffing,
communication, performance appraisal, rewards,
organizational development, etc.
Knowledge of change management: identifying changerelated problems, crafting a leadership style, building trust
among the various organizational stakeholders, etc.
Source: Dave Ulrich
Human Resources Management
(HRM) and Harassment
In situations of psychological harassment, the problem most
often relates to:
- HRM practices
- change management
Thus, the psychological harassment is caused by improper
human resources management.
It must be noted that in such cases, no judgment is made
as to whether there was an intention to harass someone.
HRM Practices
Communication (feedback)
Performance appraisal (feedback)
Discipline
Leadership
Conflict management
HRM Practices
(Communication – feedback)
My representative told him: "We are ready to go to your office." His office
is just on the other side. Then, he turned around and said: "No." He said:
"I'm going to do this in front of everyone," and then he began yelling all
sorts of things in a nasty tone. Three times the union representative told
him: "Let's go into your office, it's not appropriate to do this in front of
everyone." I just stood there. Another woman, who has worked in the
office for years, got up and said: "Mr. X, this is not the place for such
behaviour, have some dignity." He paid her no attention. Then, the
representative told me: "Let's go back upstairs." We went upstairs but I
was shocked, and humiliated too. (Ms. A).
HRM Practices
(Communication – feedback)
Establish a climate of trust
Give feedback when it is most appropriate for the recipient, and do so one on one
Offer praise along with criticism
Show consideration and respect
Refrain from passing judgment
- do not judge
- do not ascribe intention
- be specific and descriptive
Be clear and specifi
Be empathetic
HRM Practices
(Communication – feedback)
"When + I + Why
Whe
n + the specific behaviour
I + the feelings experienced, by the person providing the feedback, at the time of
the behaviour
Why + the consequences of the behaviour
"When you arrived late this morning, I was upset because I was counting on your
expertise to clarify the budget issue, which was the most important item on the
agenda."
HRM Practices
(Communication – feedback)
"At the end of a week, he came directly to the
department. It took a week and he came to tell me I was
incompetent. I said, listen, could we meet to discuss
what's wrong? And he said 'no, I don't need you to come
to my office, I can say in front of everyone that you
aren't doing a good job.' He was cursing too. He yelled at
me in front of all my co-workers." (Ms. B)
HRM Practices
(Discipline)
Verbal reprimand
Written disciplinary notice
Short-term suspension without pay
Long-term suspension without pay
Dismissal
HRM Practices
(Discipline)
Disciplinary action is taken when an
employee knowingly violates the rules.
Prepare a file.
Discipline
Louis, 44 years of age, has worked for the company for 23
years and is responsible for maintaining the production
equipment. He has been the victim of psychological
harassment. He has been falsely accused of making
mistakes. He has been denied promotions for no
justifiable reason. His salary has been decreased. His
employer is putting together a file to dismiss him. It is
really about his seniority, because he is starting to cost
the company a lot of money ($18.31 an hour).
Discipline
Laura, 45 years of age, has been a waitress in a
restaurant for six years. "It has been going on for
six months and I've already lost 5 kg." She is the
target of verbal harassment and veiled threats.
She can't quit and the employer can't dismiss her
because he has no grounds, so he is doing all he
can to make her leave.
Discipline
The psychological harassment endured by an
employee and the employer's expectations
concerning that employee's performance are two
separate elements and they should not be
confused, especially when dismissal is involved.
Discipline
The complainant challenged his dismissal, which occurred one year after he was
hired as a tax recovery officer with the Department of Revenue. He alleged that
he had been dismissed solely because his immediate supervisor, the section
chief, did not like him. He also alleged that he had been the target of
psychological harassment since the first day of his employment.
The arbitrator found that his poor performance had led to his dismissal, although
he acknowledged that the employee's supervisor did carry out psychological
harassment. Therefore, the arbitrator allowed the employee's grievance in part:
- he ordered the employer to pay the employee an indemnity for the harassment
he endured
- he rejected the employee's request for reinstatement
HRM Practices
(Leadership)
Leadership: a type of interpersonal influence through which
one individual leads another individual or group to properly
carry out a task.
A number of theories:
- Leadership based on consideration for others
- Leadership based on task structuring
- Situational leadership
HRM Practices
(Leadership)
However, leadership can be poor or non-existent
- Laissez-faire: Leader shirks responsibilities and avoids
making decisions. Group members are left to their own
devices. Results are all negative.
- Results: Poor performance, wasted time, inefficiency,
dissatisfaction, group ineffectiveness, aggressive behaviour,
divisions within the group.
HRM Practices
(Leadership)
Incompetent leadership: Leader lacks the will and/or ability
to maintain effective action. With respect to at least one
important leadership challenge, does not manage to
produce positive change.
Rigid leadership: Leader is rigid and inflexible. Although
may be competent, is incapable of or unwilling to adapt to
new ideas, new information or changing times.
HRM Practices
(Leadership)
Overbearing leadership: Leader lacks self control and is
encouraged and backed up by supporters who refuse or are
unable to intervene effectively.
Insensitive leadership: Leader is insensitive and disagreeable.
Needs, complaints and wishes of most members of the group
or organization, particularly subordinates, are ignored or
overlooked.
HRM Practices
(Leadership)
Corrupt leadership: Leader lies, cheats or steals. To an abnormal extent,
puts own interests ahead of the public interest.
Narrow-minded leadership: Leader minimizes or does not take into account
health and well-being of “others,” i.e. those outside the group or
organization for which the leader is directly responsible.
Malicious leadership: Leader commits atrocities. Uses suffering as an
instrument of power. Harm done to men, women and children is quite
serious. Harm may be physical, psychological or both.
Laissez-faire
Helen has been working as a server for a year and a half.
She is being harassed by a co-worker because she was
given the shift where servers make the best money. This
co-worker has struck her, issued death threats and subjected
her to verbal abuse. The labour standards board told her to
call the police but she is reluctant to react, since she doesn’t
want to lose her job. She has talked to the owner about it,
but the owner doesn’t want to get involved in conflicts
between her employees.
HRM Practices
(Conflict Management)
Conflict: A process that begins when
one individual sees that another
individual has had an adverse effect on
or is about to have an adverse effect
on something the first individual
considers important.
HRM Practices
(Conflict Management)
The goal is conflict resolution—eliminating
the underlying causes of the conflict
Unresolved conflicts pave the way for other
conflicts
Types of Conflicts
Substantive conflict: Related to differences in views and opinions
- task-based
- concerns goals to be pursued or means of achieving them
- usually functional conflict
Emotional conflict: Related more to a person than to a problem.
Manifests through feelings of anger, mistrust, animosity, fear and
bitterness
- dysfunctional conflict
Conflict Management
Indirect management: Does not attack problems
face on or try to resolve them by bringing
together the people involved
Direct management: Tries to resolve the conflict.
It takes time and energy to find a solution
Indirect Conflict Management
Decrease in interdependence:
- involves eliminating or restricting contact
between the parties in conflict
Appeal to shared objectives:
- refocuses the parties’ attention on the objectives
to be achieved
Indirect Conflict Management
Recourse to higher authorities
Problems are sent up the line for superiors to solve.
ATTENTION! Managers may be inclined to reduce conflicts to
personalities.
- Too much stress
- Incompetence in managing conflicts
- Fundamental bias in assigning responsibility
Escalation of Conflict
Level 3
9 - Total destruction and suicide
8 - Fragmentation of the enemy
7 - Campaigns of destruction
Level 2
6 – Threat strategies
5 - Loss of face, moral excesses
4 - Reputations, images and coalitions
Escalation of Conflict
Level 2
3 – Documents, not discussions
2 - Polarization: debates and polemics
1 - Attempts at cooperation, tensions and
crystallization
Myth 3
(Defence Mechanism)
It’s not harassment, it’s a personality
conflict.
Myth 4
(Stigmatization)
People who are harassed have done
something to deserve it.
It takes two to play that game.
Blaming the Victim
People who have not experienced
harassment think the victim must have done
something to cause the psychological
harassment; the victim must have behaved
in such a way as to make the perpetrator act
in this awful manner.
Blaming the Victim
People who have not experienced psychological harassment
can continue to consider themselves safe or invulnerable if
they can convince themselves that they are protected by
being the kind of people they are.
By blaming the victims, people not only maintain their own
illusion of invulnerability and safety but also minimize their
feeling of responsibility for supporting the victims.
Blaming the Victim
Victims are stigmatized because they are
going to break through the defence
mechanisms that people have been erected
to protect themselves from suffering.
People who have experienced harassment are
powerful reminders of what can happen to
anyone.
Myth 5
(Personalization)
Harassment only happens to people who are
weak.
Harassment happens to people who are
atypical.
People who complain of harassment are too
sensitive.
Psychological Harassment
versus Personality
Thus far, no specific personality traits have ever been
associated with people who have experienced
psychological harassment.
The causes lie in the social context and the power
structures of organizations (Leymann, 1993; Vartia,
1996; Salin, 2003; Soares, 2002 and 2004)
Myth 6
(Linked to Gender)
Women are usually the victims of
psychological harassment.
Women are more often the
perpetrators of harassment, because
they are more psychologically twisted,
more spiteful
Gender in Harassment
Men are more hesitant to file a complaint,
since it doesn’t fit with the macho image.
Women seek psychological help more
often than men do.
Gender in Harassment
In a traditionally female environment, attacks
focused on people’s private lives are more
often directed against men.
In a traditionally male environment, attacks
focused on people’s private lives are more
often directed against women
Gender in Harassment
The hostile strategies used against women are
associated with verbal violence. The aim is to
prevent the victim from expressing herself.
The hostile strategies used against men are
designed more to discredit them in their work.
Gender in Harassment
Men are more often told that they
are mentally ill. Here, the
intention is to discredit the victim
in the workplace.
Sex of Person Perpetrating
Harassment (%)
Study 1 – Traditionally Female
Environment
Male
Female
Male and Female
Sex of Person Perpetrating
Harassment (%)
Study 2 – Traditionally Male Environment
Male
Female
Male and Female
Myth 7
People who say they are being
harassed don’t want to work.
Myth 8
You can’t develop post-traumatic
stress as a result of harassment.
Post-Traumatic Stress Disorder
Post-traumatic stress disorder is a state
of intense fear, terror and
powerlessness caused by an unusual
event that poses a real threat to a
person’s life or physical integrity. Its
main symptoms are:
Post-Traumatic Stress Disorder
Memory problems, nightmares,
difficulty concentrating, apathy,
irritability, feelings of insecurity,
difficulty falling asleep, early
awakening, etc.
Post-Traumatic Stress Disorder
A change in personality can occur when
post-traumatic stress reaches a chronic
phase.
-
Depression
Obsession
Myth 9
If you are being harassed, it is
because you are not capable of
confronting your harasser.
Strategies used to deal with
psychological harassment
Study 1
I confronted the person(s) harassing me (51.5%)
I ignored the person(s) harassing me (33.1%)
I reported the harassment to a union representative (27.8%)
I ignored the harassment (24.3%)
I asked for the harassment to stop (17.2%)
I reported the harassment to Human Resources (9.5%)
I asked for a job transfer (7.1%)
I couldn’t do anything (6.5%)
I filed a grievance (5.9%)
I threatened to tell everyone about the harassment (1.8%)
Strategies used to deal with
psychological harassment
Study 2
I
I
I
I
I
I
I
I
I
ignored the person(s) harassing me (34.1%)
confronted the person(s) harassing me (32.9%)
ignored the harassment (26.3%)
reported the harassment to a union representative (21.0%)
couldn’t do anything (12.6%)
asked for a job transfer (12.0%)
asked for the harassment to stop (11.4%)
filed a grievance (5.4%)
reported the harassment to Human Resources (5.4%)
Myth 10
If I tell someone, no one will believe me.
We will never be able to prove that it’s psychological
harassment.
You should not pursue it further because it will just
prolong your suffering. It is better to leave and let it go.
Countering Psychological
Harassment: What can we do?
To Counter Psychological
Harassment at Work
Information
Training
Change in work organization
Change in management model
Organizational policy
Collective agreement
Legislation
Psychological Harassment at
Work (%)
Study 2001
Study 2003
Currently experiencing
harassment - VH
10.9
6.6
Previously experienced
harassment - DH
18.0
16.9
Witnessed harassment TH
6.1
5.1
Never experienced
harassment - JH
65.0
71.4
The four groups
What can we do as
individuals?
Take note of all actions
- Dates, schedules, nature of remarks,
criticisms, accusations, emotions and feelings
- Answers given.
Strategies to be Adopted
Confrontation is not a good solution.
Try to stay calm and always be polite.
Keep copies of your annual appraisals, letters and
memos about your ability to perform the work.
What can we do as a group?
Be aware of the problem
Many people think that psychological harassment is
inevitable, that it is just part of the workplace, that it happens
only to “weak” people.
Training materials, posters, brochures, etc. If your organization
has a newsletter or news bulletin, you can include an article
about psychological harassment.
Support
In addition to providing psychological support, it is crucial to show
solidarity with the victim of PH and the witnesses.
This show of solidarity will bring the group together and provide the
support required to deal with the consequences of PH.
This solidarity will also show that it is not just one person but the whole
organization that has been affected and that must react.
The importance of the return-to-work program.
Organizational Policy
(Balashev syndrome)
The Balashev syndrome describes resistance by an organizational structure
and/or organizational culture to the implementation of certain organizational
policies.
Because of this syndrome, the existence of an organizational policy against
psychological harassment is not in itself sufficient to prevent psychological
harassment.
Many organizational policies exist in theory only, in a binder on a shelf. People
are not very familiar with them or applying them is very complex, costly and
disheartening. Therefore, in reality, there is no organizational policy capable of
protecting the organization.
Need for the Policy to be a
“Living Document”
Make sure people are familiar with your policy on
psychological harassment in the workplace.
Make sure it is a dynamic policy.
Stress the positive and preventive aspects of your
policy.
Thank you very much!
Angelo Soares