Psychological Harrassment

Within the context of Employment Law, there is an emerging claim available to employees: personal or psychological harassment. A recent case from British Columbia, Sultz v. Canada (Attorney General) (2006) illustrated the relevant principles.

The plaintiff in that case, Nancy Sultz began working for the RCMP after completing her university degree. During her first 6 years of employment, her performance was exemplary. After that, Ms. Sultz began to be subjected to severe and prolonged mistreatment at the hands of her new detachment officer and direct supervisor, Donald Smith. The problem arose when, after becoming pregnant for the second time and being assigned light duties, Sultz went on a cross-border shopping trip without obtaining Smith's permission first. Smith believed that Sultz breached a policy that the Court found was not well communicated and was subsequently discontinued.

For two years, Smith harassed and bullied Sultz until she went on depression-related sick leave. That harassment and bullying included verbal abuse and making derogatory comments to Sultz and her colleagues about Sultz' about her abilities and suitability for her job, being deliberately unhelpful and blocked her transfer to another unit. Smith also allowed Sultz' colleagues to make hurtful comments about Sultz including that the was "screwing the system" by becoming pregnant and taking maternity leave; that she did not "cut the mustard" and that she was afraid of the dark. Smith and other of Sultz' colleagues also threatened Sultz that he/they would "get her" and that Sultz would "pay" when she returned from her maternity leave. When Sultz returned from her maternity leave, Smith and others in Sultz' unit ostracized her. Sultz attempted to resolve her problems with Smith by complaining to her divisional representative however, that backfired. Smith became even more hostile after he was faced with Sultz' complaint about him.

After approximately 16 months of ongoing harassment and abuse, Sultz was diagnosed with major depressive disorder. Seven months after her diagnosis, Smith left her employment on another maternity leave and never returned.

Eight months after Sultz left the RCMP it conducted an internal investigation of Smith's conduct. The RCMP substantiated Smith's conduct but took no action against Smith due to his retirement. Sultz eventually agreed to a "medical discharge". After her discharge, Sultz sued Smith, the federal government and the B.C. government, in tort and in contract, alleging harassment, breach of contract for failing to provide a harassment-free environment, intentional infliction of mental suffering and negligent infliction of mental suffering. Sultz sought general damages, compensation for past and future income loss, and punitive and aggravated damages.

The Court held that the RCMP did not take adequate steps to prevent Smith's harassing conduct and it failed to provide a harassment-free workplace. The province of B.C. was vicariously liable for Smith's conduct. The Court also found that Smith had negligently inflicted mental suffering upon Sultz, but not intentionally inflicted mental suffering.

Sultz was awarded $125,000 in general damages because of the severe impact of her depression on her ability to work and enjoy life. She was also awarded $225,000 for lost wages from the date of her medical discharge until the time of trial and $600,000 for loss of future income. No award for aggravated or punitive damages was made.

If you have been the victim of workplace bullying, this case opens the door to new claims that can be made. Please contact me to discuss your case.