[Calgary4LIfe]

Originally Posted by Erick Estrada

But they weren't talking directly to Hamilton. It was a three way conversation and Hamilton wasn't present. Are you saying that if I say to another employee at work that the cleaners are lazy and do a crap job that could be employee harassment? Seems very unlikely anyone could be disciplined for that.

If you tell your coworker that the cleaners are lazy and do a crap job - that is not harassment (though you may want to qualify them being lazy as 'they seem lazy because I never see them work and stuff doesn't seem to be getting cleaned'). You are making a comment about their work performance (or lack thereof). If you go on to say that these cleaners are crappy people in real life, then you cross that line. You could definitely be disciplined for it.

If "Mr Flames" simply stated: "I think that was a stupid penalty for Hamilton to make", that would be fine in my books. Annoying, but fine. That's not harassment. Unfortunately, he went on to personally attack Hamilton by calling him 'stupid and dumb'. That's the line he crossed, and he crossed it at the workplace talking to other employees, while being recorded and (unfortunately for all parties) being aired live. He basically got caught red-handed harassing Hamilton.

Now, listen to Garrett and Ball. Especially Ball. He felt 'uncomfortable'. He made sure not to add to that conversation, or even encourage it.

Think of it this way. Most people think of harassment as being sexual harassment. If you have an attractive coworker, and you pull another coworker aside and comment on that coworker's body, telling that coworker the many sweet sweet hours of love you would like to perform with her, that's harassment even if she doesn't hear a single word. Other coworkers might feel uncomfortable hearing it, and that is definitely harassment. That's how it works in the workplace. Commenting on personal attributes or making a personal attack in the workplace (or during workplace sponsored events) can land you in a meeting with HR even if that employee never hears it.

Rick Ball definitely felt uncomfortable there. That is why workplace harassment policies have grown beyond just being a direct confrontation. You can be guilty of harassment by making harassing remarks against a person, and harassing remarks are of a personal nature usually.

"Hamilton is a stupid and/or dumb person off the ice" is a disparaging remark about Dougie as a person, not a worker, and therefore it is most definitely covered under harassment.

It is not a matter of 'Dougie should and probably is more thick-skinned than to let that comment bother him'. That comment should never have been made. Mr. Flames going for a beer and commenting off-hand about Dougie being stupid? Ok, still a lousy thing to say about someone, but that's not workplace harassment. Make that comment at work, that's workplace harassment.

Taken from Canada's Harassment guide https://www.canada.ca/en/treasury-bo...employees.html:

Criteria that I think applies in this case:

• The complainant was offended or harmed, including the feeling of being demeaned, belittled, personally humiliated or embarrassed, intimidated or threatened; Pretty sure Dougie is probably embarrassed, even if it isn't true.
• The respondent knew or reasonably ought to have known that such behaviour would cause offence or harm; Of course Mr Flames should know calling someone stupid or dumb is offensive.
• The behaviour occurred in the workplace or at any location or any event related to work, including while on travel status, at a conference where attendance is sponsored by the employer, at employer sponsored training activities/information sessions and at employer sponsored events, including social events; and Safe to say this happened at work, right?

Examples:

Discrediting the person by spreading malicious gossip or rumours, ridiculing him/her, humiliating him/her, calling into question his/her convictions or his/her private life, shouting abuse at him/her. Mr Flames saying "Dougie is stupid" is spreading a rumor, and the party does not have to be present for that rumor to be spread, right?

Why "Mr. Flames" doesn't deserve to be fired:

A single or isolated incident such as an inappropriate remark or having an abrupt manner. If this was his only offence to date, a conversation and a note in the file is all that is really needed. You can't (and shouldn't) fire someone just because of one outburst.

Keep in mind that the organization might have a more strict harassment policy than these guidelines.

This is why I think "Mr Flames" should be reprimanded (written warning placed in his employee file) and apologize (since he has to work with Dougie after all in some way or another). This way, if "Mr Flames" continues making disparaging PERSONAL remarks about other employees, then further action will be taken. You can't simply ignore workplace harassment, or things just get worse. You can't fire him either, unless his file already contains other instances of such (or worse) behavior.

It isn't much ado about nothing, but it isn't something that Mr. Flames should be outed for publicly so we can all pick up a rock and stone him to death for either. He will get a talking to most definitely, probably a written note in his file, and encouraged to apologize. That's it. Don't need to crucify him, but it shouldn't just be ignored either.