The Tribunal Administratif du Travail (TAT) ordered Hydro‑Québec to pay nearly $250,000 to a former executive after finding that he faced psychological harassment and constructive dismissal. The decision highlights significant shortcomings in the employer’s management practices and handling of internal complaints.
Key Facts
- The employee, newly promoted to a management role, was assigned to lead a difficult team but received little support.
- Employees were given direct access to his supervisor without his knowledge, undermining his authority.
- A “support” plan imposed by the employer was deemed by the Tribunal to be a corrective measure based on perceptions rather than objective facts.
- The employee was pressured to change his management style or accept a demotion.
- After showing signs of psychological exhaustion, he was forced to undergo an immediate workplace climate assessment and later went on sick leave.
- A psychologist produced a report without interviewing him, basing conclusions on employee perceptions.
- His harassment complaint advanced slowly despite serious allegations.
- Upon an attempted return to work, he was confronted with allegations of misconduct and effectively suspended.
- He was ultimately dismissed for reasons the Tribunal found to be pretexts.
Tribunal Findings
- The employer failed to support the employee in a destabilized work environment.
- Management interventions were described as deficient, ill‑advised, and erratic.
- The employer ignored an external investigator’s conclusion that harassment had occurred.
- The Tribunal found a serious breach of the employer’s duty to prevent and address psychological harassment.
- Compensation included moral and punitive damages for the employer’s failures.
Practical Takeaways for Employers
- Newly promoted managers must receive adequate guidance, particularly when managing troubled teams.
- Corrective measures must rely on clear, measurable, and realistic expectations.
- Disciplinary actions must be based on verified facts rather than perceptions.
- Harassment complaints require attentive, timely, and thorough handling, especially when external findings corroborate them.
For more information on this topic, consult the original blog post: “Harassment, Constructive Dismissal, and ‘Erratic’ Management: A Crown Corporation Ordered to Pay $250,000 to an Executive.”
If you have any questions about constructive dismissal or harassment at work, contact Wendy Chavez al +1 514 907-3231 (ext. 103) o a wchavez@wmr-law.ca for legal advice.