Q: I am a woman in management, and I uphold our company’s human resources policies. The problem is my supervisor micromanages everything I do, makes rude comments about my competency, and yells at me. How am I protected against this demeaning behaviour?
A: It is completely unacceptable for your supervisor to yell at you at work.
It is also inappropriate to make personal comments regarding your competency.
However, an employer can provide constructive feedback on your performance.
Past court decisions demonstrate that hostile or demeaning language (such as yelling, belittling or calling someone “incompetent”) can contribute to harassment when it forms part of a broader pattern or is in relation to an employee’s sexuality or gender.
Legal jurisprudence
For example, in Dhaliwal v. Canada (Attorney General), Gurmeet Dhaliwal was a senior psychologist with Correctional Service Canada.
She alleged that she was a victim of harassment and discrimination at the hands of her supervisor, Savinder Bains.
She claimed that Bains micromanaged and falsely accused her of lacking the necessary competencies, thereby creating a toxic work environment.
A central incident became known as the “yelling incident.”
During a bilateral meeting, Bains raised his voice at Dhaliwal and yelled at her, accusing her of “communication problems.”
This incident occurred with the office door open so others could hear.
Dhaliwal said she was “paralyzed” by the event and subsequently went on medical leave for six weeks.
The Canadian Human Rights Commission (CHRC) concluded that this conduct did not meet the threshold for harassment.
It found that the yelling incident “was not serious enough on its own to constitute harassment” and “cannot have violated her overall dignity as a human being to such an extent as to constitute harassment.”
However, the Federal Court of Canada (FCC) found that the commission’s decision was unreasonable.
The FCC stated that the CHRC assessed the yelling incident in isolation, rather than in a broader context which would have shown a problematic pattern.
The FCC quashed the decision of the commission and remitted the matter to a different panel for redetermination of the allegation of harassment and discrimination.
Key case takeaways
Every employee has the right to a safe work environment, free from toxic behaviour such as yelling and belittling.
That means employers have an obligation to treat their employees with dignity and respect.
This includes employees in managerial positions like yourself.
It is important to document all cases of problematic incidents for your records.
Approach another manager regarding your experiences.
Your employer is legally obligated to address this behaviour on your behalf.
However, if your employer fails to do so, and you feel that the only thing you can do is quit, it may be time to seek advice regarding a constructive dismissal claim along with a human rights claim.
Constructive dismissal occurs when an employee is effectively forced to resign due to an unbearable environment and circumstances surrounding their role.
You may be entitled to significant severance pay, which in Ontario is typically up to 24 months, along with other compensation related to human rights damages.
