Conflict in the workplace can stem from such things as personality differences, unfettered gossip, and inequity of resources. Workplace Conflict reduces productivity and can be costly if it ends in litigation. Employers can manage workplace conflict by dealing promptly with conflict that employees cannot resolve amongst themselves. To manage conflict, employers should ensure that: 1) policies and communications are clear and 2) the decision making process is transparent.
Employment Standards Compliance
The Employment Standards Act provides minimum standards for most employees in Ontario such as minimum wage, hours of work, public holidays, among other standards. This legislation also sets out an employer’s minimum obligations regarding notice, termination pay and severance pay. For federally-regulated employers in Ontario, the Canada Labour Code serves a similar function.
Contact Preddie Law to help navigate through this legislation and formulate creative solutions.
Privacy Issues & Policy
The federal legislation entitled Personal Information Protection and Electronic Documents Act (“PIPEDA”), governs how personal information may be collected, used and disclosed in those provinces that don’t have their own legislation. In Ontario, employee privacy interests are governed by a combination of common law protections and contractual provisions. Privacy rights and interests may be found in an Employment Agreement or Employer Policies. For example, Courts have held that an employee’s privacy rights are not infringed upon, by an employer, who monitors the employee’s conduct pursuant to the terms of its policy.
Let Preddie Law draft your Employment Agreement and Policies. Contact Preddie Law today.
Employers have a duty to ensure that the work environment is conducive to the well-being of its employees. In Ontario, employers must investigate suspected harassment and discrimination. It’s the law. Failure to do investigate complaints properly may result in a third-party investigation that is paid for by the employer.
A procedurally fair investigation should include:
- An investigator that is unbiased, neutral, and ensures that the process is fair to all parties.
- If an employee must be removed from the workplace pending completion of the investigation, then the suspension or administrative leave must be with pay and non-disciplinary.
- The respondent must be provided with a full and proper opportunity to respond to the allegations and provide his/her own version of events. This includes, providing the respondent with sufficient notice of the process, and an opportunity to be interviewed. Sending the respondent a written copy of the complaint and/or specific allegations and particulars in advance of the meeting so that the respondent is not ‘ambushed’ with the allegations during the interview.