Canmore lawyer, Austin Ward sat down with Steve Eichler, Practice Group Leader of Field Law’s Calgary labour and employment group, to discuss how in today’s complex business landscape, maintaining a healthy and productive work environment is more crucial than ever.
Steve, can you share your experience in workplace investigations and how they can contribute to a respectful workplace?
It seems many employers and employees are now familiar with the concept of workplace harassment and bullying and the investigations that can flow from them. In my experience though, both groups often lack a true understanding of what constitutes harassment or bullying or what a proper investigation entails. Equally, it seems they don’t come close to appreciating the disruption to the workplace, the hurt that the complainant, the respondent, even the witnesses who are brought into the investigation feel. If a workforce is going to successfully navigate these difficult times, seasoned investigators are a must. Without the appropriate degree of knowledge and, frankly, sensitivity in handling investigations, investigators can leave a workplace with the issues unresolved and may even make it worse.
What steps should business owners or HR professionals take when they receive a complaint of harassment or bullying from an employee?
Not every complaint requires outside investigators; but it can be tricky to determine when outside assistance is appropriate or, frankly required. So depending on the nature or breadth of the complaint, seeking professional guidance—even to ask if an investigation can be done in-house—is highly recommended. That said, without the appropriate policies and procedures in place prior to a complaint being made, the business may have to start from scratch and play catch-up. So the first step would be to get relevant policies and procedures in place so that all workers know the behavioural expectations of the workplace, what a complaint will trigger, including the rights and obligations of both complainant and respondent.
What measures do you suggest employers take to protect their business from harassment claims?
Having relevant policies and procedures in place is not only helpful should a claim arise, it shows that your business is pro-active in this regard, is aware of these issues and has considered how to handle them. The reality of our times is that workplace interpersonal difficulties or worse are going to arise and so complaints will too; being a business that is ready to handle those moments calmly, fairly and with established mechanisms to address them will not only make those moments better, it shows a mature and aware business leadership.
How can you regain credibility lost due to unresolved bullying cases?
Effective leadership is crucial in navigating workplace challenges. I work closely with business owners and HR professionals to provide them with the tools and training they need to effectively handle bullying and harassment and regain trust and confidence with their team.
