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CCCA_V4No2_Dept-EmploymentLaw-FIN.qxd:CCCA_V1No2_Dept-CourtLeg-V1.qxd 4/29/10 4:20 PM Page 15 Employment Law guidance “ A shouting match between colleagues may have seemed little with trifling but, if one employee threatens 3. Develop a published respect to their scope. A process for employees shouting match between another in the heat of the moment, to request assistance, colleagues may have must employers now proactively report and invest- seemed trifling but, if igate incidents or one employee threatens take steps to prevent it? complaints in the another in the heat of ” workplace. the moment, must em- ployers now proactively take steps to prevent it? 4. Amend disciplinary policies to include contraventions of the So much for the principle of work now, grieve later. New workplace violence and harassment policies and train super- requirements that allow employees to refuse work where there is a visors and employees to understand and administer the vari- threat of workplace violence remain vague in their interpretation. ous policies. Further, and even more significantly, the definition of “work- place harassment” has been borrowed from the human rights Daniel A. Lublin is a partner with the law firm Whitten & Lublin regime, where even perceived mistreatment is often viewed by LLP inToronto and restricts his practice to employment law. Daniel can employees as an invitation to a significant lawsuit or a human be reached at dan@toronto-employmentlawyer.com or 416-640-1583. rights complaint. Since harassment is often in the eyes of beholder, a tough or assertive boss risks being viewed by some as a personal harasser. And since Bill 168 extends protection to “harassment” even when it does not relate to human rights matters, employees and their lawyers will be sharpening their pencils, claiming constructive dismissal based on bullying or harassment,often at the drop of a hat.When Quebec legislated workplace bullying in 2004, there were thousands of complaints. By far the most alarming changes relate to the new duty to provide information to workers, including personal informa- INSOLVENCY ADVISORS tion, about persons with histories of violent behaviour and to providing innovative legal solutions protect workers from domestic violence at work. Does this to critical financial problems mean that when an employee comes to work with a black eye, human resources must make an enquiry, conduct an investiga- tion, report the details throughout the workplace and send him Philippe Lalonde or her for counselling? Calgary Office Whether we like it or not,workplaces will need to adapt.Here 403.260.1465 are the top four things employers must do: plalonde brownleelaw.com www.litigationlawblog.ca 1.Create OHSA compliant policies,post them at work and review them with counsel every six months to capture clarifications stemming from the case law. Dan Peskett Edmonton Office 2. Conduct risk assessments for violence and harassment in the 780.497.4875 workplace, share the results with the health and safety com- dpeskett brownleelaw.com mittees and reassess often.Keep detailed records of any work- place violence or harassment, investigation or work refusal. www.brownleelaw.com ÉTÉ 2010 CCCA Canadian Corporate Counsel Association 15 CCCA62_015.indd 1 05/04/2010 12:12:03 PM