| Welcome to the June 2006 edition
of the TorontoJobs.ca Employers Newsletter.

"Conflict Matters" by Cecil Norman
"Employment Law"
by Earl Altman
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Conflict Matters by Cecil Norman, M.A.
Conflict resolution is all about treating people with dignity and
respect. Conflict resolution is a strategy to resolve any form of
conflict. If this strategy is used at work it is referred to as
workplace conflict resolution. This strategy may consist of: investigation
into a situation, implementation of a policy to prevent a situation
from recurring, training to ensure appropriate behaviour, or negotiation
of a solution through the use of a neutral third party. While all
these strategies form part of conflict resolution, mediation is
emerging as the key element for resolving conflicts in the workplace.
There are several mediation models: problem solving, settlement,
facilitative, collaborative and transformative. Each or all of these
mediation models, if properly applied, together with a clear anti-harassment
policy, management training and negotiation allows for sustainable
resolution of workplace conflicts. An anti-harassment/discrimination
policy is a workplace principle that clarifies that harassment is
against the law and will not be tolerated. It describes the types
of behaviours that are discriminatory and indicates that management
takes this issue seriously. It explains the disciplinary measures
that 00would be applied, up to and including termination of employment
if a claim of harassment is proven. It also establishes the steps
and process to follow. It enables employees to utilize a third party
to investigate and document evidence in a complaint and affect a
resolution through negotiation without any fear of reprisal. Training
comprises ongoing education for all staff and management to understand
their roles and responsibilities under the anti-harassment policy.
Using these measures will help ensure that employees are treated
with dignity and respect.
About the author:
Cecil Norman holds a Masters Degree in Conflict Resolution.
His column on Conflict Matters appears monthly. You may reach him
directly at his practice, Human Rights Advisory Services Inc. Email:
cnorman@hras.ca
Employment Law by Earl Altman,
AN EMPLOYER CAN BE HELD LIABLE
FOR THE ACTIONS OF ITS EMPLOYEES
Under the legal principle of vicarious liability, employers can
be held liable for the actions of their employees taken during the
course of employment. Such liability will extend for damages caused
as a result of insensitive statements, damages for harassment, or
discriminatory behaviour. The potential cost to an employer arising
from such liability was demonstrated in the recent decision of Sulz
v. R.C.M.P. In this decision of the British Columbia Court of Appeal,
the Court upheld a trial decision in which an employee was awarded
damages of $950,000.00 against the employer. The damages flowed
from the actions of the employee's supervisor who made numerous
improper comments to the employee during the course of her pregnancy
and for approximately two years after her return from maternity
leave. The gist of these remarks related to the allegation that
the employee was milking the system by taking maternity leave and
that he would enlist her co-workers to "get her" upon
her return from maternity leave. The employee was legitimately concerned
by these statements. She was diagnosed as suffering from major depression
which resulted in an inability to sleep, significant weight loss,
and other psychological trauma. The employee had complained to her
supervisor about the conduct of her co-worker. Her supervisor took
no steps to address her concerns.
The Court concluded that the harassment which the plaintiff detailed
was, in fact, the cause of her medical condition. The psychological
trauma was so severe that the Court concluded that she was unlikely
to ever work again. It was on this basis that the Court awarded
her the significant damages that it did.
The Court awarded the damages against both the employee and the
employer. The Court found the employer liable on the basis of the
employer's failure to enforce its own harassment policies and in
its failure to take steps to prevent the conduct complained about.
The case highlights the fact that creating and publishing a harassment
policy is not sufficient. Employers must take active steps to ensure
that the provisions of the policy are adhered to and that instances
of harassment are addressed promptly and adequately.
About the author:
Earl Altman is a partner with the Toronto law firm of Garfinkle
Biderman LLP. He can be reached at (416)869-1234 Ext. 280 or ealtman@garfinkle.com
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