However, we have not been persuaded that this conduct, with all its problematic nature, is sufficient to establish a cause of action for workplace bullying. This is a single focused investigation, which was carried out against the background of an alleged suspicion of inconsistent reports and the use of the Association's vehicle for non-work purposes. No foundation was laid before us to show that this incident was part of a recurring series of surveillance, humiliation, over-monitoring or ongoing abusive treatment of the plaintiff. To this, it should be added that at the end of the day, the defendant did not even take disciplinary measures against the plaintiff, and this decision stemmed "mainly from the fact that this legal proceeding is pending between the parties." Therefore, even if the defendant's conduct in all matters relating to the examination of the vehicle's location was not free of difficulty, especially in terms of timing and transparency, it does not, in itself, establish the cause of alleged abuse.
- The plaintiff claimed abuse during the COVID-19 period, particularly with regard to authorization to work from home and transferring issues in her care to other employees. [256] However, from Dr. Rosen's testimony and from the documents submitted, it appears that the conduct during this period was based on legitimate considerations of the employer, taking into account the needs of the organization and the specific circumstances of the employees.
Dr. Rosen testified that during the COVID-19 period, the union acted in accordance with the guidelines of the Ministry of the Interior, which set limits on the number of employees who can stay in the office, and that it even issued approval to increase the quota. [257] She noted that a "justice table" or "egalitarian table" was created in which there were rounds of working from home and working from the office, and she herself was included in this board. [258] A review of the table that the plaintiff attached as Appendix 14D to the affidavit of her main witness reveals a mainly equal division.