Workplaces Issues
Bullying and harassment are at the top of the list. While BC is lagging behind other provinces in having bullying and harassment language in our Labour Code, Workers Compensation Act, or our Human Rights Code, we are catching up. Moves are afoot to bring forward legislation and amendments to existing legislation, similar to what other provinces have done.
With these gaps, what this means is that employees in non-unionized environments have few options other than to bring human rights complaints, or legal actions, under specific torts, against employers for perceived maltreatment. Once a Statement of Claim is filed against an employer and organization in the BC Supreme Court the information becomes public and may be reported in the media.
Human rights cases and judgments also become public. The impacts of these claims against employers should not be dismissed. All organizations depend on having solid, respectful and positive images and reputations. Resolving workplace issues in a timely, respectful and meaningful way is the best way to protect an organization’s image and reputation, limit unsavoury attention and prevent costly awards, or judgments down the road.
Embarrassing and messy cases like this one out of the University of Manitoba illustrate the pitfalls of harassment and bullying in unionized environments. The case has many of the elements that employers and unions should be looking at to be proactive in ensuring that employees’ rights to psychological safety and freedom from bullying and harassment are being strategically considered. Organizational risks must also be mitigated.
The area of case law regarding the right to both physical and psychological workplace safety is expanding rapidly. Mounting legal judgments, case law and arbitrations, as well as monetary awards and damages, should send a very clear message to employers that throwing your hands up and ignoring the maltreatment of employees is no longer an option.
The biggest award in Canada is known as the “Million Dollar Mountie case.” In Sulz v. British Columbia (Minister of Public Safety Solicitor General) [2006] the complainant, Nancy Sulz, a female RCMP officer, experienced significant psychological and emotional damage and developed a permanent disability as a result of the chronic harassment she experienced from her male superior. In addition to the public dishonor brought upon the RCMP as a result of this trial, the trial judge awarded Ms. Sulz $125,000.00 for general damages; $225,000.00 for lost wages and $600,000.00 for future income loss or diminished earning capacity. This is a benchmark case and one that is being used to support other legal cases in Canada. The full decision can be read here.
Physical and mental disabilities and human rights in the workplace are becoming increasingly important workplace issues that employers must pay attention to. We are in a time where a significant number of employees are aging and extending their stay in the workplace. Some of these individuals, as well as other employees, develop physical and mental health conditions, limitations and disabilities.
Existing human rights codes and case law reinforce the statutory obligations of employers to treat individuals with dignity, respect and concern upon perceiving that an employee may have a disability. Current case law also supports the concept that employers have a fiduciary duty to accommodate employees up to the point of undue hardship. The costs of not adhering to these principles can be considerable.
The Centre for Addiction and Mental health reports the following:
• 1 in 5 Canadians will experience a mental illness in their lifetime. The remaining 4 will have a friend, family member or colleague who will.
• Mental illness affects thinking, mood or behaviour and can be associated with distress and/or impairment of functioning, with symptoms that vary from mild to severe.
• About 20% of people with a mental disorder have a co-occurring substance use problem.
• Only one-third of those who need mental health services in Canada actually receive them.
• Just 50% of Canadians would tell friends or coworkers that they have a family member with a mental illness, compared to 72% who would discuss diagnoses of cancer or 68% diabetes in the family.
• Mental Health is the number one cause of disability in Canada, accounting for nearly 30% of disability claims and 70% of the total costs.
• Every day, 500,000 Canadians are absent from work due to psychiatric problems.
• $51 billion is the estimated cost of mental illness to the Canadian economy in terms of health care and lost productivity.
• According to the World Health Organization, depression will be the single biggest medical burden on health by 2020.
The BC Human Rights Code can be read here. All supervisors, managers and employers should read and familiarize themselves with the Code.
The Canadian Mental Health Association has some great resources for employees and employers alike in managing mental health issues in the workplace.
The Mental Health Commission of Canada has a number of reports employers may benefit from reading on workplace issues.
Employers should keep in mind that how they deal with workplace issues will not only impact the organization’s image and reputation, but ultimately, it may also impact their bottom line. When people do not feel they were treated fairly, or observe unfair employment conditions, they rarely keep it to themselves. With a new generations of employees who are engaged in social media and networking and with sites such as Rate my Employer allowing people to comment anonymously, employers can quickly develop an unsavoury image and reputations which will detract from attracting top talent and high potential employees.
Think of this as workplace karma. What goes around comes around. Savvy employers are going to prioritize creating respectful, healthy and caring workplace environments and solve challenges in a solution-focused timely and proactive manner.
Up next - Part 3 - Social Media Impacts
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