Canadian Employment Law Today

dards Association's "National Standard for Psychological Health and Safety in the Workplace," which proposes establishing and maintaining a psychological health and safety management system for the work - place. is includes the identification and elimination of workplace hazards that pose a psychological risk, assessment and con- trol of workplace hazards, implementing practices that support a psychologically safe workplace, and creating a workplace culture that promotes psychological health and safety. While these are voluntary stan - dards, employers should note that they build on existing employer obligations under the Occupational Health and Safety Act. Specifically, an employer is required to take every precaution reasonable to pro - tect employees, to inform them of potential workplace hazards, and to identify, elimin- ate or reduce workplace risks. Employers are increasingly recognizing the potential impact of bullying and psych- ological harassment on employee engage- ment, employer brand and bottom-line performance. Also, in accordance with legislative requirements, employers are im- plementing comprehensive workplace vio- lence and harassment policies, which can be effective tools to address psychological harassment. But as we've witnessed in daily interactions with organizations ranging in size from Fortune 500 companies to small and medium-sized businesses, harassment in all forms remains an ongoing threat to employee health and safety, and to the suc - cess of the organizations that employ them. Strategies to reduce risk Here are four strategies to help mitigate much of the risk posed by psychological ha- rassment and bullying in the workplace: Develop an effective employee policy manual. A comprehensive employee policy manual should include a Code of Conduct which clearly defines acceptable behav - iour in all realms — including the physical workplace and online with email and so- cial media. A policy manual's anti-bullying measures should include: • A zero-tolerance commitment statement from the organization's leadership team • Clauses outlining the policy's applicabil - ity to management, employees, clients, and other third-party vendors • A clear definition of workplace bullying and examples of unacceptable behaviour • A clear process for employees to follow when reporting incidents • A clear outline of the organization's work - place investigation process • An outline of steps the organization will fol- low to take corrective action when a bully- ing incident is confirmed • A commitment to confidentiality and dis- cretion • A no-reprisal and non-retaliation statement Provide management training. is is a glaring oversight for many organizations that may reward employees with promotion to managerial roles without properly assess - ing managerial competency or providing adequate management training. To avoid exposure to lawsuits or human rights com- plaints, any comprehensive management training program must cover psychological harassment and bullying. Managers should be coached on everything from identifying bullying to managing complaints, then deal - ing with these often difficult situations in a way that ensures legislative compliance and minimizes the impact on employee produc- tivity and workplace culture. Investigate all harassment and bullying allegations. Allegations of harassment must be properly investigated and documented. If not, an organization could face lawsuits, human rights or labour complaints. If a company lacks someone with investigation experience, it should be prepared to out - source the task to a third party. When con- ducted properly, the process should take time, involve internal interviews, provide the responding party with an opportunity to respond to allegations, and include a thor - ough review of all information collected over the course of the investigation. e parties should also be allowed to respond to any allegations against them. Focus on cultural fit during the hiring process. e best way to avoid hiring bullies is to ensure the recruitment process involves some combination of psychometric testing, attitudinal assessment and a staged inter - view process. Many companies focus solely on skills or operational matches, but cultur- al fit should be a focus of the process. ere are times, however, when even the most comprehensive recruitment process fails to weed out potential bullies. In those cases, management should consider dismissing confirmed offenders. Employees who harass or bully their colleagues are a toxic work - place presence. e longer they're allowed to linger, the greater the risk and negative impact on workplace culture and employ- ee engagement. See Decision No. 1945/10, 2015 CarswellOnt 1801 (Ont. W.S.I.A.T.). Canadian HR Reporter, a Thomson Reuters business 2015 CREDIT: MIKE FOCUS/SHUTTERSTOCK October 28, 2015 | Canadian Employment Law Today ABOUT THE AUTHOR LAURA WILLIAMS Laura Williams is the founder and principal of Williams HR Law, a human resources law firm in Markham, Ont., serving employers exclusively. She can be reached at (905) 205-0496 or lwilliams@williamshrlaw.com.

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