In general, it is rather unusual for a manager to file a harassment complaint. Managers have the authority to address employee performance, including any behaviour deemed unacceptable. Therefore, a manager who is the target of harassment could simply call in the employee in question and manage the situation by pointing out the behaviour and communicating the employer’s expectations, or even issue a written warning or other disciplinary measures deemed appropriate under the circumstances.
Indeed, under many respectful workplace policies, managers are given a significant role in preventing and addressing workplace harassment. For example, it may be their responsibility to “take appropriate measures to protect their employees and others in the workplace.”[1] The manager’s responsibility to protect employees applies to themselves as well.
However, in principle, nothing prevents a manager from filing a harassment complaint with their employer. The role assigned to managers and supervisors in fostering a positive work environment is a shared responsibility between the employer and the management team, and it does not relieve the employer of its obligations regarding workplace harassment.
In fact, the employer has an obligation to ensure that all employees, including managers, work in a harassment-free environment. While they hold management positions, managers are still employees, and the employer has the same duty to prevent harassment against them as it does toward frontline employees.
Moreover, it may even be appropriate for a manager to file a harassment complaint with their employer. If the manager is the target of harassing behaviour, they may not be able to remain objective and impartial in handling the situation. Harassment cases often involve complex human dynamics, and a manager may lack objectivity when dealing with potentially harassing behaviour directed at them, or he might experience genuine concerns about the situation, requiring the assistance from others. To avoid being both judge and jury, filing a harassment complaint with the employer could be the best course of action in such circumstances.
Finally, it goes without saying that if the person harassing the manager holds a higher hierarchical role, it is entirely acceptable for the manager to file a harassment complaint with their employer.
As we can see, while a manager has the authority to address workplace harassment, including harassment directed at themselves, it may be entirely appropriate for them to file a complaint with their employer if the harassing behaviour comes from a superior or if they wish to ensure an objective and impartial resolution.
[1] Government of New Brunswick, Policy AD – 2913 Respectful Workplace, section 5.3.
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Please note the information provided in this blog post is for general informational purposes only and every situation should be evaluated on a case-by-case basis.