Workplace Harassment, Violence or Conflict
A workplace has many legal and organizational challenges. Understanding and addressing management obligations arising from interpersonal conduct of employees at the workplace is vital.
It involves an interplay of many laws, legal statutes, and human rights legislation. All these legislations impose a set of requirements on employers to nurture and grow a workplace free from any kind of discrimination.
An ideal workplace should include an inclusive work culture free of abusive or inappropriate behavior, sexual harassment, any sort of discrimination, or physical violence.
Employers & Legal Workplace Obligations
As per Bill 168 in Canadian employment law, every employee has the right to a safe and free workplace environment devoid of any kind of violence, harassment, and intimidation.
At times, there may be multiple employee claims or complainants for workplace bullying and harassment. Consulting knowledgeable and skilled Employment Lawyers will help in abiding by the legislation and successfully completing employer obligations.
This bill was incorporated into the amended Occupational Health and Safety Act to increase its awareness and address the issue. It was aimed at penalizing the offenders for violence and harassment. The Human Rights Act takes care of the sexual harassment cases in the workplace.
All these statutes and regulations are focussed on keeping workplaces safe and giving employees an inclusive workplace.
Every employer is legally responsible for protecting their employees. They are obliged to nurture a safe workplace and have a mechanism in place to prevent harassment and violence. If it does arise, they should have a strategy to address it promptly and safeguard all employees.
Presence of written workplace policies for sexual harassment, bullying, and workplace violence helps to spread awareness. A standard complaint process should also be available to every employee. It allows employees to raise their voice and make an official complaint about any inappropriate behavior.
Harassment, Conflict Claims and their Legal Implications
When courts and tribunals make awards and form appropriate remedies for adjudicating claims, they review a few aspects including but not limited to:
- Style and manner with which employees are treated at the workplace
- Analyze the management’s mechanism of addressing workplace complaints of inappropriate behavior, harassment, and conflict
- Review the work environment and the comprehensive impact of the work culture on the individual who has raised the claim
If the workplace is deemed to be ‘poisoned ’ an employee may suffer from emotional distress, violation of statutory rights, and wrongful dismissal. In these circumstances, the employee may be entitled to compensation and damages.
At Nanda & Associate Lawyers, you can connect with experienced and passionate Employment Law Lawyers that will support you in your concerns. They will assist you in addressing allegations of harassment and other allied forms of workplace misconduct. If you are looking for policy formulation to limit your liability as an employer, we can support you there as well.
Our skilled Lawyers have successfully represented many employees and employers for bullying, workplace harassment, and sexual harassment issues. They will protect and defend your rights.
How We Can Help
At Nanda & Associate Lawyers, our experienced Employment Law Lawyers understand your specific circumstances and provide tailored and customized solutions for each of them. If you are experiencing employee relation issues and need legal counsel, please call us today.
Our Mississauga Employment Lawyers are available for a no-obligation free consultation. Come and experience our quality legal counsel and personalized care we give to each client. We ensure prompt communication and a professional approach to achieve successful outcomes for you.