The HR Space is edited by
Louise Béchamp,
Karen M. Sargeant and
Brian P. Smeenk.
Workplace harassment, at the onset, involves two players - the
harasser and the harassee. A third party is added once a complaint
is filed – the employer. And a fourth player, the
union, is added if that complaint is a grievance. To what
extent does the alleged harasser continue to be a party? In
Association du personnel de soutien du College v.
College d'enseignement general et professionel (PDF),
the Quebec Court of Appeal recently said that the harasser takes a
backseat to the main parties – the employer and the
union.
Facts
A laboratory technician at a Montréal-area College filed
a harassment complaint against a teacher. When the College's
internal investigation did not support the harassment allegations,
the union filed a grievance on behalf of the harassee. The College,
as the employer, was called to defend the grievance. But the
alleged harasser sought to intervene and
