LANCASTER HOUSE - Labour Employment and Human Rights Law Publishers

A poisoned workplace can have dire consequences for employee morale and productivity, and can result in employee turnover, human rights complaints, and constructive dismissal lawsuits. A key step in the prevention of a poisoned workplace is ensuring that complaints of discrimination are investigated promptly, thoroughly, and fairly. However, in some cases, even after the triggering incident has been resolved, the negative effects of harassment and discrimination may persist. This two-part workshop provides practical approaches to investigating human rights violations in the workplace, and to dealing with the aftermath of a poisoned work environment.

Investigating Human Rights Violations:

Part one of this workshop will explore what to do and what not to do from the moment a complaint comes in and provide practical advice on how to manage discrimination in the workplace, including:

Preventing Discrimination: Designing, communicating and enforcing an effective human rights policy, and Employee Assistance Program.
Pre-Investigation Stage: Deciding between informal resolution, mediation and investigation; identifying frivolous or vexatious complaints.
Investigation Procedures: Meeting with and interviewing the complainant, respondent and any witnesses (where to meet, what to ask, etc.), gathering and reviewing documentary evidence and exploring whether broader issues contributed to the complaint.
Time Limits: Ensuring compliance with time limits for filing, investigating/mediating and responding to complaints; extending time limits.
Privacy and Access: Balancing confidentiality and disclosure requirements throughout the human rights investigative process.
Record-Keeping: Documenting details of human rights complaints, actions taken, outcomes or remedies implemented.
Procedural Fairness: Ensuring compliance with procedural protections for complainants, witnesses and respondents.
The Union's Duty of Fair Representation: Dealing with issues concerning union representation (e.g. conflicting obligations, failure to investigate, etc.).
Employer Liability for Failure to Conduct a Proper Investigation: Legal consequences, under human rights legislation, at arbitration and under the common law, for failure to investigate or for conducting a flawed investigation.
Responding to investigation reports: Who gets them, what format do they follow, how should they be handled, etc.?

Cleansing a Poisoned Work Environment:

Part two of this workshop will provide strategies for restoring reputations, good faith, and a culture of trust to a poisoned workplace and offer practical solutions to decrease the occurrence of and manage the risks associated with further incidents.

Remedial Orders: What types of orders will tribunals issue to remedy a poisoned work environment? In what circumstances will a tribunal order mandatory human rights training for employees and management? The appointment of external investigators? A review and revision of workplace human rights policies? Monitoring by an external organization? Assistance with job training to aid an employee in achieving promotions that had been denied in the past as a result of discrimination? Can an employer's failure to remedy a poisoned work environment impact on the quantum of general damages awarded for harassment?
Supervision by Tribunal: What continuing authority does the Tribunal have to supervise the implementation of its remedies? Can it recast its original orders to address an ongoing problem?
Dealing with Parties to the Incident: What steps should employers take to ensure that victims receive the support they need? Should victims be provided with paid leave until any systemic remedies are implemented? What types of emotional and medical support should be considered? Should the employer provide an apology? Are victimized employees entitled to have restored their sick leave and other benefits that were used due to the harassment? Can employers require violent employees to receive medical assessments or treatment as a condition of continuing employment? How should they be reintegrated into the workplace so as to minimize the risk of another incident?
Re-creating a Culture: How can employers ensure that employees suffering from the effects of a poisoned workplace are not afraid to voice their concerns? What are effective ways to raise awareness about harassment? What training programs are useful? What are the warning signs of workplace violence and/or harassment? How can the use of external workers, for example, mediators, counsellors, and investigators, be useful in dealing with the aftermath of harassment?
Workplace Policies and Procedures: What are the benefits of involving employees in the creation of anti-harassment/-discrimination policies and procedures? What systems should be implemented to ensure that all reports of alleged incidents – regardless of whether voiced informally or in writing – enter the complaints process? What measures should anti-violence/harassment policies contain to ensure proper investigation and effective response? How often should the policies and procedures be reviewed? How should the effectiveness of the policies be monitored?
Physical Environment: How can the physical layout of the workplace (e.g. signs, locks, lighting, electronic surveillance) impact on the risk of violence and harassment in the workplace? What steps can be taken to minimize these risks?
Administrative Practices: How can administrative practices (e.g. hours of operation, staffing procedures) impact on the risk of workplace violence and harassment? What types of modifications should be considered?