Individual Assignment # 2
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Individual Assignment #2 – The Karen Lyon Case Jennifer Calwell 1.
Did Karen do the right thing? What else might she have done? Karen did the write thing by issuing the compliant in a formal letter outlining all of the issues
that she was concerned about as one of the OHSA requirements for investigation is to ensure that
all reported incidents are documented (Filsinger, 188). However, Karen should have been bringing
these concerns to Wilson Bro’s management when they first started happening. Since this is the first
time that Wilson Bro’s is hearing of the complaints it may be difficult to go back and obtain witness
statements or testimonies of the events. Joe may also not recall the events mentioned which would
end up being in a he said she said back and forth. Wilson Bro’s should encourage and thank Karen
for submitting the compliant however as they do not want to discourage other employees to not
submit their concerns. 2.
What should you do upon receipt of the letter?
Start an internal investigation which would include the following steps: 1.
Thank Karen for bringing her concerns and complaints forward
2.
Treat the compliant confidentially and ensure that Karen will receive disciplinary action
as a result of brining her compliant forward
3.
Start an investigation with an impartial person who is knowledgeable in the human
rights law a.
Inform Joe that the complaint has been filed and provide an opportunity for him
to respond
b.
Conduct separate interviews with both Karen and Joe with their legal counsel
and material witness. c.
Document the written letter of the reported incidents from Karen d.
Investigate in a timely manner by a properly trained and unbiases investigator
i.
Ask non-leader questions
ii.
Interview third party witnesses iii.
Document the investigation and keep an open mind (Filsinger, 191)
As in the CR v Schneider National Carriers case (Filsinger, 189) it is important to give Joe the
opportunity to know the alleged complaints and give his statement to ensure that all sides are heard.
If the accused is not given the chance to speak or understand the complaints, then if a wrongful
dismissal suit is filed Wilson Bro’s may not have followed the law and given Joe a chance. After going
through the above process, a decision would need to be made based off the findings. Wilson Bro’s
does not have a harassment policy in place which may make it difficult to dismiss Joe but a written
warning should be issued if the claims are true with the understanding that if this happens again it is
grounds for termination. 3. What should your longer-term strategy be?
The longer-term plan for Wilson Bro’s should be to create a harassment policy for the entire
company. This would include the following steps:
Indicate Wilson Bro’s commitment to eliminating harassment in the workplace and
ensure that all new hires understand that they promote a zero-tolerance environment
Create an investigation strategy by following the steps to investigate a harassment claim
which include but are not limited to: investigating in a timely manner, trained
investigator, keeping an open mind and ensuring that the accused is given adequate
time to respond (Filsinger, 191)
Define workplace and sexual harassment and give examples of different scenarios. This
should be communicated back to the employees regularly
Introduce and include awareness programs where employees are educated and
encouraged to report any harassment activity.
Train managers on the policy and how to recognize harassment in the workplace
Outline and describe the process that will be taken when complaints are brought
forward which include disciplinary actions.
Coach and advise employees to let their harassers know that their advances are
unwelcome
Advise employees that their complaints will be treated confidentially and that no
disciplinary action will be issued by bringing for their concerns.
Promptly investigate the compliant by an impartial person
Circulate the harassment policy and ensure that all employees sign off on the policy (Filsinger, 186-187)
4.
What are the arguments for and against dismissing Joe Bloom for cause? This case could be argued both sides depending on how Wilson Bro’s handles the investigation
of the complaint. The arguments for Joe Blooms cause are: -
Joe could argue that none of the events ever happened and if there are no witness
statements to back up Karen’s claims this could go against him. -
If Wilson Bro’s does not include Joe in on the concerns but accuses him of the incidents this
could work in his favour as in the case of CS vs Schneider. The courts ruled that although the
plaintiff’s behaviour was not acceptable the employer did not treat the investigation fairly
for both parties (Filsinger 189). The arguments again Joe Blooms cause are: -
The courts could argue that Karen had detailed outlines of the events and incidents where
Joe harassed her and rule against him. An example of this outcome is in the Harrison v Nixon
case where the court found that both versions of the events that happened were
inconclusive Harrison had detailed examples of the events and the courts ruled in her favour
(Filsinger, 189)
-
An argument could be made that as a manager Joe was under a contractual understanding
that any reasonable person would understand that they are responsible for providing a safe
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