good faith. Not every allegation will reasonably fall within the
definition of workplace misconduct. Educate leaders on the need
for due process in every case – towards all parties. Allegations
are just allegations until investigated and employment ought
not to be summarily terminated simply because it is easier to
do so than investigate. Employees will be watching to see how
employers respond and it will impact your ability to attract and
retain your employees.
■■ Educate your employees. Be clear and consistent on what your
expectations are and what behaviour will not be tolerated.
Implement and train employees on your organization’s codes
of conduct, anti-harassment and anti-discrimination policies.
It is never enough to implement policies or merely comply
with statutory obligations. Consistently apply your policies
and embrace their purposes. Include training for all workplace
parties on what is and isn’t sexual harassment and what is and
■■ Enlist witnesses to report and/or handle first instance incidents
of disrespectful or discriminatory conduct by permitting your
employees to feel safe about reporting misconduct and openly
encouraging them to speak up when they notice a problem.
Doing so reduces the stigma associated with filing a complaint
and takes the onus of filing off of the targeted persons. n
Sheryl L. Johnson is a partner in the employment and labour law
practice at Fogler, Rubinoff LLP.
Harvey Weinstein at the 2017 Tribeca Film Festival
creatista / 123RF Stock Photo
A Clear Business Case for Hiring
Findings from a research project that looked at the costs and
benefits of recruiting and retaining people living with mental illness.
Read the Mental Health Commission of Canada’s report to learn
how you can make a difference.
HRPROFESSIONALNOW.CA ❚ JULY 2018 ❚ 13