Management, Inappropriate Management or Psychological Harassment: Where do we draw the line

1
Management, Inappropriate Management or
Psychological Harassment Where do we draw the
line?

• Professor Angelo Soares
• Department of Organization and Human Resources
• UQÀM

2
Decent Society

• "A decent society is one whose institutions do
  not humiliate people"
•  
• Avishai Margalit

3
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.

4
Humiliation

•  
• Avishai Margalit

5
Humiliation

• Humiliation is often a factor in psychological
  harassment in the workplace.

6
Psychological Harassment

• Definitions

7
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."

8
Heinz Leymann (1984)

9
Marie-France Hirigoyen (1998)

10
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 employees dignity or psychological or
  physical integrity and that results in a harmful
  work environment for the employee.

11
Bill 143 Quebec (contd)

• A single serious incidence of such behaviour that
  has a lasting harmful effect on an employee may
  also constitute psychological harassment.

12
Bill 143 Quebec (contd)

• 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.

13
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

14
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

15
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.

16
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

17
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.

18
The Myths of Harassment
19
Myth 1

• The definition of psychological harassment is not
  clear.

20
Bullying Mobbing

• (Stale Einarsen, Helge Hoel, Dieter Zapf and Cary
  L. Cooper, 2003)
• Moral harassment psychological harassment

21
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.

22
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.

23
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

24
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
  change-related problems, crafting a leadership
  style, building trust among the various
  organizational stakeholders, etc.
• Source Dave Ulrich

25
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.

26
HRM Practices

• Communication (feedback)
• Performance appraisal (feedback)
• Discipline
• Leadership
• Conflict management

27
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).

28
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

29
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."

30
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)

31
HRM Practices(Discipline)

• Verbal reprimand
•  
• Written disciplinary notice
•  
• Short-term suspension without pay
•  
• Long-term suspension without pay
•  
• Dismissal

32
HRM Practices(Discipline)

• Disciplinary action is taken when an employee
  knowingly violates the rules.
•  
• Prepare a file.

33
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).

34
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.

35
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.

36
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

37
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

38
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.

39
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.

40
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.

41
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.

42
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 doesnt want to lose her job. She has
  talked to the owner about it, but the owner
  doesnt want to get involved in conflicts between
  her employees.

43
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.

44
HRM Practices(Conflict Management)

• The goal is conflict resolutioneliminating the
  underlying causes of the conflict
•  
• Unresolved conflicts pave the way for other
  conflicts

45
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

46
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

47
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

48
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

49
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

50
Escalation of Conflict

• Level 2
• 3 Documents, not discussions
• 2 - Polarization debates and polemics
• 1 - Attempts at cooperation, tensions and
  crystallization

51
Myth 3

• (Defence Mechanism)
•  
• Its not harassment, its a personality conflict.

52
Myth 4(Stigmatization)

• People who are harassed have done something to
  deserve it.
•  
• It takes two to play that game.

53
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.

54
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.

55
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.

56
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.

57
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)

58
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

59
Gender in Harassment

• Men are more hesitant to file a complaint, since
  it doesnt fit with the macho image.
•  
• Women seek psychological help more often than men
  do.

60
Gender in Harassment

• In a traditionally female environment, attacks
  focused on peoples private lives are more often
  directed against men.
•  
• In a traditionally male environment, attacks
  focused on peoples private lives are more often
  directed against women

61
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.

62
Gender in Harassment

• Men are more often told that they are mentally
  ill. Here, the intention is to discredit the
  victim in the workplace.

63
Sex of Person Perpetrating Harassment ()

• Study 1 Traditionally Female Environment
• Male
• Female
• Male and Female

64
Sex of Person Perpetrating Harassment ()

• Study 2 Traditionally Male Environment
•  
• Male
• Female
• Male and Female

65
Myth 7

• People who say they are being harassed dont want
  to work.

66
Myth 8

• You cant develop post-traumatic stress as a
  result of harassment.

67
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
  persons life or physical integrity. Its main
  symptoms are

68
Post-Traumatic Stress Disorder

• Memory problems, nightmares, difficulty
  concentrating, apathy, irritability, feelings of
  insecurity, difficulty falling asleep, early
  awakening, etc.

69
Post-Traumatic Stress Disorder

• A change in personality can occur when
  post-traumatic stress reaches a chronic phase.
• -         Depression
• -         Obsession

70
Myth 9

• If you are being harassed, it is because you are
  not capable of confronting your harasser.

71
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 couldnt do anything (6.5)
• I filed a grievance (5.9)
• I threatened to tell everyone about the
  harassment (1.8)

72
Strategies used to deal with psychological
harassment

• Study 2
•  
• I ignored the person(s) harassing me (34.1)
• I confronted the person(s) harassing me (32.9)
• I ignored the harassment (26.3)
• I reported the harassment to a union
  representative (21.0)
• I couldnt do anything (12.6)
• I asked for a job transfer (12.0)
• I asked for the harassment to stop (11.4)
• I filed a grievance (5.4)
• I reported the harassment to Human Resources
  (5.4)

73
Myth 10

• If I tell someone, no one will believe me.
•  
• We will never be able to prove that its
  psychological harassment.
•  
• You should not pursue it further because it will
  just prolong your suffering. It is better to
  leave and let it go.

74
Countering Psychological Harassment What can we
do?
75
To Counter Psychological Harassment at Work

• Information
• Training
• Change in work organization
• Change in management model
• Organizational policy
• Collective agreement
• Legislation

76
Psychological Harassment at Work ()
77
What can we do as individuals?

• Take note of all actions
•  
• - Dates, schedules, nature of remarks,
  criticisms, accusations, emotions and feelings
•  
• - Answers given.

78
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.

79
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.

80
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.

81
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.

82
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.

83

• Thank you very much!
•  
• Angelo Soares