.

THE FOLLOWING ARTICLE HAS APPEARED IN THE RECORD September 18, 2002

Dealing with workplace bullies


There is no lack of opinions on how to cope with workplace bullies. Some say the best way is to stand up and fight back. Others say ignore them. Then there are those who recommend that they be made accountable by way of criminal prosecutions.

Why make such a big deal? Much like serial school bullies, they have the knack of making hell for anyone caught in their line of fire. However, inasmuch as student bullies tend to be physically aggressive, bully bosses and co-workers prefer the psychological harassment approach, which can be far more devastating. The world-renowned Canadian expert on psychopathy, Robert Hare, offers one good explanation -he believes the majority of all bullying incidents at work are committed by serial bullies who have psychopathic characteristics.

In varying degrees and combinations workplace bullies can rely on a wide range of tactics in order to belittle and humiliate their targets. While some innocuous bullies like to limit themselves to making disparaging remarks behind their victims' backs or interrupting them whenever they speak or work, others prefer the silent treatment while doing everything possible to block their promotions. Workplace bullies who continuously insult, yell and shout at their victims are only surpassed by those who don't hesitate to resort to criminal conduct.

Just as bullying at school can cause serious problems, so does bullying at work, the most significant being stress and its medical effects, which I briefly covered in the last two columns. On the positive there are those who like to believe that the toleration to workplace bullying is declining because of the high economic costs.

Bullying rarely meets the criminal test

With this in mind, are criminal charges the best way to deal with workplace bullies? Only in rare cases. Although bullies are essentially harassers, their conduct is rarely physical and scarcely meets the test of criminal harassment. More to the point, the crime of harassment is limited to very specific instances and requires proof that that the aggressor's conduct caused the victims to " reasonably, ... fear for their safety or the safety of anyone known to them. " As for the offence of criminal intimidation, it too, is of little help seeing that it is essentially aimed at those who, through violence or otherwise," intend to compel someone to abstain from doing something he has a right to do, or to do something that he has the right to abstain from doing"


Mainly in Hollywood productions

Although it is true that workplace bullying occasionally takes the form of a criminal assault, retaliation by a victim is also subject to potential liabilities, both criminal and civil. While the instinct to stand up and fight and give the bully a" taste of his own medicine" is perfectly natural, it is also the type of response that is found mainly in Hollywood productions. Much like student bullies, adult bullies like to pick on weaker and more vulnerable victims thereby reducing the odds against any physical retaliation

Some common sense advice

Although the Criminal Code makes it abundantly clear that if a person is unlawfully assaulted without have provoked the assault, he or she is justified in repelling force by force; there are two important conditions that must be respected. The force must not be more than what is necessary to defend oneself and it must not be intended to cause death or grievous bodily harm.

Unless you have absolutely no choice, my advice, when assaulted, is to walk away and make a formal complaint to the police as soon as possible. In the absence of any employer anti-bullying policy, the literature on the subject suggests a number of actions. For instance, as soon as a victim realizes he is being targeted by a workplace bully, it is suggested that he avoid, when possible, any one-on-one meetings with that person.

Seeing that bullies count on isolating their victims, the experts also recommend that they seek support from their co-workers, employer and union. Their theory is that the more a victim obtains support, the less likely a bully will get at him. Some experts on the subject claim that the best defense is warning a bully in writing that his or her behavior will no longer be tolerated. They suggest that a copy of the memo be sent to the bully's supervisor or, if the supervisor is the bully, to the company's CEO. They believe that by putting workplace bullies on official notice while involving others who could make life difficult for them, the bullies are likely to back off.

Documenting the evidence

Since most incidents occur behind closed doors and in the absence of witnesses how can you go about gathering the proper evidence to back up your allegations? Because the bully's actions are often subtle and fall within the range of psychological violence it helps to keep a detailed record over a period of time of their behavior. By doing so it enables a victim to establish a pattern between a series of incidents, which at first glance may appear to be trivial or unconnected. Furthermore, if and when it gets to the point of bringing a superior's attention to the bully's behavior, such a record or "journal" makes it easier for a victim to neutralize the bully's defense which will invariably rest on a pack of lies If all these actions fail and the employer seems unwilling to take action or to discipline the relentless bully, it may be time for you to consult an attorney in order to determine what, if any, are your legal recourses. If that doesn't help, you may want to quit before it gets too late and your health really begins to suffer.

Next week: Understanding Canada's court system