Canadian HR Reporter

CANADIAN HR REPORTER CANADIAN HR REPORTER March 10, 2014 March 10, 2014 10 FEATURES FEATURES CONFLICT MANAGEMENT Unmasking the face of workplace cyber-bullying HR can step up to shut down newer forms of harassment By Lisa Barrow W ith the growing avail- ability and use of new- er technologies, workplace cyber-bullying is on the rise. And it comes in many forms, whether it's an em- ployee who is constantly monitored or interrupted by his boss with early morn- ing and late night emails or texts demanding immediate responses, or a worker who finds derogatory, anonymous comments on her Facebook page that question her abilities at work. Co-workers may resort to cy- ber-bullying to harass or discredit a colleague who is a candidate for promotion or special acknowl- edgement. Managers may rely on electronic forms of contact to control, motivate and in- timidate staff . Cyber-bullying is similar to traditional workplace bully- ing in that it is repetitive, abu- sive behaviour that devalues and harms others. While traditional workplace bullying occurs dur- ing face-to-face encounters, workplace cyber-bullying often occurs privately via aggressive emails or text messages. e incessant use of technol- ogy to harass and intimidate an employee or colleague can eas- ily move on to social media sites such as Facebook and Twitter. ese public forums provide the cyber-bully with a larger audience for sharing anonymous, negative comments and information about the targeted person. When malicious comments appear, either via a text message, email or in a more public forum, it can have far-reaching and long- lasting ramifi cations on an indi- vidual's mental health — victims can experience anxiety, depres- sion and stress. Bullied employees often feel de- humanized and isolated, causing some of them to consider quitting their jobs or even suicide in an ef- fort to end the frustration, pain and embarrassment. HR professionals can play a sig- nifi cant, proactive role in prevent- ing this type of bullying — which is not only good for employee mental health but can also help avoid litigation and liability. How to address cyber-bullying •Revise harassment and bul- lying policies to include cyber-bullying. •Create a procedure for report- ing, investigating and addressing cyber-bullying. •Incorporate cyber-bullying into mandatory training around ha- rassment and bullying. •Take a zero-tolerance stance. •Provide support to bullied em- ployees through employee assis- tance programs (EAPs). •Respond to allegations of cyber- bullying in a timely manner. •Commit to creating a respectful workplace environment. •Raise awareness about work- place cyber-bullying through newsletters, blogs and anti-bul- lying events. •Regularly monitor emails, text messages and social media for cyber-bullying incidents. •Require employees to sign an anti-bullying agreement. Lisa M. S. Barrow is an assistant professor at the Goodman School of Business at Brock University in St. Catharines, Ont., and a workplace bullying consultant for LMSB Con- sulting. She can be reached at (905) 733-0397, drlisabarrow@gmail.com or visit www.drlisabarrow.ca for more information. "workplace"? •Does the activity take place dur- ing working hours? •Are workers expected and not simply encouraged to participate? •Are workers paid to participate? •Is the activity under the employ- er's care and control (directly or indirectly)? If the answer to some or all of these questions is yes, fi tness-re- lated activities may create liability. Tips for employers For some employers, the benefi ts of a healthy workforce outweigh the risks of a fi tness-related injury. To minimize liability, consider the following best practices: •Develop a health and fi tness poli- cy specifying that use of facilities or participation in work-related sporting endeavours is volun- tary and for the exclusive benefi t and pleasure of workers. Require workers to sign off on the policy. •Consistent with the notion of "voluntariness," a worker should not be compensated (directly or indirectly) for participation in any fi tness endeavour associated with the employer. •Where worker participation is not voluntary — either because of the bona fi de requirements of the job or because the worker is "encouraged" by the employer — consider providing a custom- ized fi tness plan incorporating professional instruction and supervision. If a worker chooses not to follow the plan and is in- jured while pursuing an unau- thorized fi tness regime, an adju- dicator is more likely to fi nd the injury resulted from a personal pursuit outside of the course of employment. Prior to any fi tness-related ac- tivity, an employer should ensure it has appropriate liability insur- ance in place. Andrew Ebejer is a student-at-law and Carissa Tanzola is a lawyer at Sherrard Kuzz, an employment and labour law fi rm representing employ- ers. ey can be reached at (416) 603- 0700, (416) 420-0738 or by visiting www.sherrardkuzz.com. We Practise At the CUTTING EDGE We Practise At the CUTTING EDGE You are a human resources professional. You have an important matter which requires representation you will be confident with. Kuretzky Vassos Henderson LLP is widely recognized as one of Canada's leading employment and labour law boutiques. We practise at the cutting edge assisting a wide spectrum of clients ranging from major corporate employers through to individual plaintiffs. Our practice includes employment contracts, wrongful dismissal, collective bargaining, labour board applications, arbitrations, adjudications, employment standards, health & safety, human rights and ADR. To discuss what we can do for you or your client, call Kuretzky Vassos Henderson LLP at (416) 865-0504. KURETZKY VASSOS HENDERSON LLP Suite 1404, Yonge Richmond Centre, 151 Yonge Street, Toronto, Ontario, M5C 2W7 Telephone (416) 865-0504 Facsimile (416) 865-9567 www.kuretzkyvassos.com RESEARCH Policies don't cover cyber-bullying One-quarter of employees in 10 countries are not protected from cyber- bullying, as workplaces do not cover this within existing policies, according to a 2013 survey by AVG Technologies based on responses from 4,000 people in Canada, the United Kingdom, United States, Australia, New Zealand, France, Germany, Italy, Spain and the Czech Republic. Only 37 per cent of adults know of a comprehensive policy that covers cyber-bullying in the workplace. This is highest in Australia (57 per cent) and the U.K. (51 per cent) and lowest in France (20 per cent) and Germany (23 per cent). OTHER HIGHLIGHTS OF SURVEY: •One in 10 respondents discovered secret discussions about them online that were initiated by colleagues using social media, and 11 per cent have had embarrassing photos or videos taken at a work event and uploaded onto social media sites. This is as high as 19 per cent in Spain and 14 per cent in the U.K. •Four out of fi ve (82 per cent) of adults surveyed believe sending unpleasant or defamatory remarks to or about a colleague using digital communications constitutes cyber-bullying (93 per cent in the U.K. and New Zealand). •Other forms of cyber-bullying include posting negative comments on a social media site about a colleague's appearance at a work event (79 per cent) and criticizing a colleague behind her back through email, instant messaging, social media or SMS (69 per cent). •Nearly one in 10 (nine per cent) have had a manager use information against them or a colleague which has been found on a social media site. This is highest in the U.S. (13 per cent) and the Czech Republic (12 per cent). •Cyber-bullying can easily spill over into heated debates in the workplace, with more than 51 per cent of respondents admitting they would confront colleagues in person if they felt they were the victim of cyber-bullying. This is as high as 65 per cent in Germany, 56 per cent in France and 54 per cent in the Czech Republic. One in 10 (11 per cent) would retaliate by cyber-bullying through digital communication. There is a need for greater education around social media and increased attention and care toward social media etiquette at work from both employees and employers, says Tony Anscombe, AVG's senior security evangelist. "We're not just talking about employees remaining responsible for what they post online on social networks and ensuring it is not bringing themselves or their company into disrepute or harming their colleagues — employers can trip themselves up just as easily when managing the company's own social media presence. Until everyone is clear about exactly what is and isn't acceptable online behaviour, trying to enforce policies will just fail, leaving the door open to cyber-bullying and invasion of privacy." Do risks outweigh benefi ts? Do risks outweigh benefi ts? FITNESS < pg. 9 Develop a health and fi tness policy specifying that use of facilities or participation in work-related sporting endeavours is voluntary. Credit: NLshop/Shutterstock Social media sites provide the cyber- bully with a larger audience for sharing anonymous, negative comments and information about the targeted person.

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