Thursday, January 21, 2016
Wednesday, January 20, 2016
I wish I was more surprised at this. The Ministry of Labour in Ontario during a recent blitz fined 78% of the businesses they inspected for employment standards violation. This is the price of being reactive instead of proactive. It is very difficult to run a business and to be aware of what it takes to be compliant. That is why we created WPV. The biggest problem with so many businesses is that they are reactive and not preventative. Eventually it comes back to you. The idea that 'we can't afford' prevention means you will be paying a larger price later for reaction. That price does not only come in government fines during blitzes but also manifests itself in lawsuits and tribunal hearings. This doesn't even account for the price in terms of hours, loss of productivity and stress in having to defend yourself and your business. As the saying goes - an ounce of prevention is worth a pound of cure. People really don't think they are going to get caught. The problem with that is that experience has shown that, over time, we all are held accountable. Ignorance of the law is no excuse!
Tuesday, January 19, 2016
Great article in Small Business magazine about the most common lawsuits in business. I am sure you can guess what they mainly revolve around. One thing to think about is that a workplace lawsuit not only costs an organization tens of thousands of dollars in legal fees, but it also has a direct cost in productivity, time and stress. As they say - an ounce of prevention is worth a pound of cure.
One of the most difficult areas for an investigator, much less a manager, to discern is when a situation escalates to the level of harassment. Normally harassment means that more than one event has taken place that, through repetition, is intended to torment, undermine, frustrate or provoke a reaction from that person. It is the repetition itself, more than a single event, that creates the harassment. For instance, John calls Jane 'stupid' for something she has done. If it was a one time only matter, it would not be considered harassment. If, however, John kept calling Jane stupid all the time and.or constantly belittles her in public , it would be considered harassment. By calling her stupid repeatedly, John is either tormenting or undermining her through repeated action.
A single incident, however, can be considered harassment when it is shown to have a a on the individual. An example of this may be a direct threat of retaliation against the individual if they do not do something. For instance quid pro quo, which is a form of sexual harassment, takes place when a person in power expects sexual favors in return for special treatment. This single incident would be considered sexual harassment. Another example of a single incident being considered harassment is when there is a threat of physical or psychological violence. I'm going to kick your butt if you don't do something or Maybe I'll tell so and so what you said about them would constitute harassment.
What Constitutes HarassmentA useful guide to help understand harassment can be found from the Canadian government. In order to claim harassment, all of the following conditions must be met:
- The respondent displayed an improper and offensive conduct including objectionable acts, comments or displays, or acts of intimidation or threats, or acts, comments or displays in relation to a prohibited ground of discrimination;
- The behavior was directed at the complainant;
- The complainant was offended or harmed, including the feeling of being demeaned, belittled, personally humiliated or embarrassed, intimated or threatened;
- The respondent knew or reasonably ought to have known that such behaviour would cause offence or harm;
- 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
- There was a series of incidents or one severe incident which had a lasting impact on the individual.
What Does Not Constitute HarassmentJust as it is important to understand what constitutes harassment, it is also important to understand what does not constitute harassment. Here is a partial list of some of the things that do not constitute harassment:
- Management's right to manage. This means that management does have a right to manage such things as the day-to-day operations, work performance, absenteeism, delegation of tasks, reference checks, the application of discipline, up to and including termination.
- Workplace conflict. People argue and have differences. Conflict alone does not equal harassment. The catch here is that if no steps are taken to resolve the conflict, it could easily lead to harassment.
- Work related stress. Sometimes there is increased stressed at work and nerves may be frayed. Although the accumulation of stress factors may increase the risk of harassment, a stressful work environment does not constitute a form of harassment.
- Difficult conditions of employment. Some jobs and professions are by their nature difficult and may create conflict. This is especially true during times of change when a number of issues arise.
- A single or isolated incident. This may be an isolated inappropriate remark or having an abrupt manner.
- A social relationship welcomed by both individuals. The key part of sexual harassment is that it is unwelcome attention by the complainant. An office romance that goes bad does not constitute harassment unless it was done so under duress or threat.
- Friendly gestures among co-workers such as a pat on the back. In a number of cultures a kiss on the cheek is a form of greeting. This in and of itself does not constitute harassment.
Some Questions to Ask Yourself
Here are some good questions to ask yourself if you think you are being harassed (h/t Government of Canada):
In conclusion, it is important to remember that an allegation of harassment is a serious matter. In order to properly assess the situation, you have to understand what harassment is and is not to understand if you have fallen victim to it.