Canadian HR Reporter is the national journal of human resource management. It features the latest workplace news, HR best practices, employment law commentary and tools and tips for employers to get the most out of their workforce.
Issue link: https://digital.hrreporter.com/i/1043516
CANADIAN HR REPORTER NOVEMBER 2018 FEATURES 25 contact us to learn more • www.terryberry.com Canada's Provider of Rewards & Recognition Programmes Terryberry helps organisations honour their people for the attitudes, behaviours & contributions that make a difference. service awards • social recognition • wellness rewards safety awards • award points • and more EVENTS #MeToo concerns in planning events Consequences of failing to proactively address workplace harassment growing By Tara Matheson T hree in 10. That's how many people have report- ed experiencing sexual harassment in the workforce, according to a 2017 survey by the Canadian government. What we can safely assume is that the number of people actu- ally experiencing sexual harass- ment in the workplace — and not reporting it — is even higher. The #MeToo movement has brought the long-standing issue of sexual harassment in the work- place to the forefront where it is finally getting the recognition it deserves. e need for employers to ac- knowledge the issue and take proactive steps to educate and protect the workforce has never been more apparent. Employers have an obligation to keep employees safe in the workplace. at priority also ap- plies to physical and psychologi- cal safety. One of the most vulnerable times for this safe environment to fall by the wayside is at holiday parties. Across the country, while social committees are meeting to plan the fun and games, HR lead- ers should be taking the neces- sary steps to protect employees — before, during and after the event. Policies and training e first priority for every em- ployer is to ensure human re- sources policies on sexual harass- ment are up to date. ese are the road map letting employees know how they must conduct themselves in the work- place, and what will happen if they fail to act accordingly. These policies should spec- ify what is considered sexual harassment. In Alberta, the legislation makes it clear that harassment includes single or repeated inci- dents of objectionable or unwel- come conduct, comment or bul- lying by a person who knows — or ought to know — their behaviour may cause offence, humiliation or health and safety concerns to an- other employee. When these behaviours are sexual in nature, they constitute sexual harassment. Put simply, sexual harassment is unwanted sexual behaviour directed by one person toward another. Employees should receive train- ing on what constitutes sexual harassment, but it shouldn't stop there. e training should also cover how to make complaints, how the company will respond to complaints, and what the poten- tial disciplinary actions might be for violations of the sexual harass- ment policy. Having the investigation and disciplinary process embedded in the policy will help ensure con- sistency in how these matters are handled. It should also be emphasized to employees that these poli- cies may apply outside of regular working hours and outside of the workplace. Connecting all these points in a training session will help demon- strate to employees the company is taking the issue seriously. Simply having employees read and sign the policy is unlikely to have the same kind of impact. Planning the party There are several precaution- ary steps employers can take to minimize the potential risk of ha- rassment occurring at a holiday party. Top of the list is eliminating or reducing the focus on alcohol at the event. Team-building events and activities such as going to an escape room, go-karting or even hatchet throwing can pro- vide fun and memorable options — alcohol-free. If alcohol is being served, it is a good idea to have some sort of entertainment or activity to keep people engaged instead of stand- ing around drinking. Examples of appropriate ac- tivities include group games such as trivia, or a performance such as an improv group, magician or band. Food is also a must at the event, and allocating drink tickets can help keep everyone's consump- tion under control. Lastly, planning ahead to en- sure everyone has a safe ride home is critical if alcohol is served. Taxi chits are a small price to pay for everyone's safety. At the party When the event gets going, there needs to be someone in charge to keep an eye on things and monitor alcohol consumption. If inappropriate behaviour is spotted or brought to this indi- vidual's attention, he needs to be prepared to take action and intervene. ese actions can include re- moving the person in question and arranging her transportation home if alcohol is involved. After the party Updated sexual harassment poli- cies should detail how complaints will be handled. Consistency in handling com- plaints is key to encouraging em- ployees to report inappropriate conduct. Employees need to have faith in the system and confidence that issues will be handled fairly and promptly. One important decision that must be made early in the process is who will investigate. It is benefi- cial to use an experienced, third- party investigator. This is especially true if the complaint involves a manage- rial employee or member of the HR department. Steps should be taken during the investigation phase to reduce or eliminate con- tact between the person bringing the complaint forward and the ac- cused, such as changing shifts or office locations. In more serious cases, suspend- ing staff from work while the in- vestigation is taking place may be the best route. The policy should specify whether these suspensions are with or without pay. As employees may be suspended or restricted during an investigation, it is criti- cal that complaints be addressed swiftly and investigations be con- ducted promptly. The policy should also de- tail how anyone found to have violated the policies will be dealt with. is includes the steps in the disciplinary process, ranging from verbal and written warnings to sensitivity or other training, to termination of employment. Policy and training should make it clear that steps in the dis- ciplinary process can be skipped if warranted by the seriousness of the infraction. From lawsuits to low staff mo- rale and loss of reputation, the consequences of failing to proac- tively address the issue of work- place harassment are growing. Creating a work culture that is respectful and safe for all employ- ees is important for a business and its staff. Clear policies and thoughtful event planning will enable every- one involved to have a safe and en- joyable experience at all corporate social events. Tara Matheson is a barrister and so- licitor at Duncan Craig in Edmonton. She can be reached at tmatheson@ dclip.com or for more information, visit www.dclip.com. If alcohol is being served, it is a good idea to have some sort of entertainment to keep people engaged instead of standing around drinking. GET INSTANT ACCESS TO YOUR LEGAL COMMUNITY 2019 BRITISH COLUMBIA LEGAL TELEPHONE DIRECTORY Includes British Columbia, Northwest Territories, Nunavut and Yukon British Columbia's vast legal community is readily available with the British Columbia Legal Telephone Directory. You get instant access to more than 11,000 lawyers and law offices. Each year we ensure this directory includes the most up-to-date names, phone numbers, mailing addresses and emails, so you don't have to search anywhere else. Order your copy today! Visit www.store.thomsonreuters.ca or call 1.800.387.5164 for a 30-day no risk evaluation. Spiralbound • October 2018 • $50.50* Order No. L7798-8404 • ISBN 978-0-7798-8404-9 Multiple copy discounts available *Plus applicable taxes and shipping & handling. Prices subject to change without notice.