Individual Assignment 2

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Confederation College *

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HR101

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Law

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Apr 3, 2024

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docx

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Uploaded by PresidentDolphin4253

Individual Assignment 2: The Karen Lyon Case Scenario Lana Lawrence 1. Karen did the right thing in reporting Joe for alleged sexual harassment. We all have a right to attend a workplace safe from harassment, regardless of who the accused is. We are all equal in the eyes of the law. The Ontario Human Rights Code recognizes that “inherit dignity and the equal and inalienable rights of all members of the human family” (Filsinger 42). The Human Rights Code further “prohibits workplace and sexual harassment in employment” (Filsinger 179). If the accusation is correct and this behavior dates back 2 years then he has engaged in a course of action, or a pattern of behavior, that is known or ought to be known as unwanted. As the letter Karen provided is handwritten, and dated it can be used as a statement to start the investigation. Karen did an excellent job of documenting the dates and times of the unwanted behavior. It will be important to recognize that this was probably very difficult for Karen to report, and we need to handle this investigation with sensitivity, and protect her right to confidentiality. One thing that Karen could have done better was to report it sooner, instead of waiting 2 years, and to provide concrete proof in the form of witnesses, or photos and communications sent to Karen from Joe either from an email address or phone number registered in his name. 2. Upon receipt of the letter, I need to promptly start an investigation. We need to gather more details. The first steps should be checking the company’s policy of sexual harassment and that it has been communicated to all staff, and check Joe’s file to see if any similar complaints were received in the past. I then need to book a private and comfortable location to facilitate investigation interviews, starting with Karen. We need to review the details as presented, ask her if she has any messages or other forms for proof that she can provide, and let her know next steps and what to expect. She will not face any reprisal for reporting this. We then need to speak to Joe, so he has a chance to respond to the allegations. If Karen advises of any witnesses, we need to solicit statements from them separately, and privately, advising that they are giving a statement in relation to an active investigation and that they need to hold this conversation confidential. It will be very important to document everything accurately and to review all information with an open mind. Joe should be placed on a paid leave of absence during the investigation (Filsinger 192). 3. Long Term Strategy: Our goal is to mitigate this problem and make sure we are doing everything we can to correct this type of behavior in the workplace. My goals to achieve this would include: a. Write a sexual harassment policy that includes a definition of sexual harassment, reference to related laws, rules of conduct, and consequences for breaching. My approach would be to initiate a zero tolerance policy, advising that breach of this policy will fall outside of the progressive disciplinary policy and will result in a two step process where a first offence will result in last chance warning with policy review, asking the employee to sign that they understand what is expected of them and that they will follow the policy and a second infraction will result in immediate termination of employment with cause. b. Making sure this policy is discussed with all new hires during employee onboarding and with all staff at the A.R.T (annual refresher training). I will review the company policy in full being very clear on related laws, how to report, what to expect if you are involved in an investigation from the perspective of the person making an allegation, the person who allegedly breached the policy, and witnesses.

c. Post the policy in an area where all employees can easily access and reference it. d. Establish reporting procedures so that the workers are aware of who to contact if they feel they are the victim of or have witnessed sexual harassment in the workplace. e. Do a full policy and procedure audit. If Wilson Bros is missing this policy, they are most likely in non-compliance with other required policies and procedures. Once a full list of needed policies is compiled, I would take it to upper management offering to draft the policies myself, then send them to our legal team for review before implementation. f. Once the full package of policies and procedures is drafted and approved for implementation, we need to communicate them to the staff and make sure everyone is aware of how to access the policies and who to contact with any questions or concerns. g. Make sure that all staff are aware of their duty to report, and that they will not be reprimanded for doing so. They need to understand our procedure on investigations and that all complaints will be fully investigated, in a timely manner, and that there will be consequences to any confirmed breaches, as per the policy. 4. Arguments for termination with cause: a. There are some behaviors that are so grievous that immediate termination of employment is warranted. If the behavior is confirmed through the investigation process, this would qualify for termination with cause due to the seriousness of the harassment, and the fact that it occurred several times over two years, showing a pattern of negative behavior. Similar to Kingston (City) v Canadian Union of Public Employees, Local 109, 2011 CanLII 50313, we as the employer, have “no reasonable reassurance that this behavior would not be repeated” (Filsinger 328). The discipline needs to be proportionate and fair. This is a very serious violation and termination is proportionate. b. Sexual harassment is illegal, so even in the absence of a workplace harassment policy, Joe broke the law. c. Similar to Bannister v General Motors of Canada Ltd, 1994 CanLII 7390, we acted with “care, responsibility and sensitivity in investigating the initial complaint” (Filsinger 489). We, as the employer, have a duty to protect our staff from offensive conduct and a duty to protect the company against civil litigation. This supersedes Joe’s years of service to the company and his relationship with the owners. d. Joe, as a supervisor, should have known better. He should not abuse his power by creating or condoning a poisonous work environment (Filsinger 489). Argument against termination with cause: a. An employee should be given a chance to correct their behavior before they are terminated, which is why I would implement a 2-step process instead of going directly to termination of employment on a first breach. If Joe admits to the harassment and can give details on how he will work towards correcting this behavior, showing genuine remorse, we should allow him the chance to improve. b. There is no policy on workplace violence and harassment or sexual harassment at Wilson Bros that states what is acceptable and what is unacceptable, as well as reporting responsibilities and consequences. Joe was not aware that one complaint could result in immediate termination of employment. We did not do our due diligence in mitigating these types of behaviors in our workplace. We did not, as outlined in Bill 132, “develop, educate

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