An HR leader's guide to better workplace conduct

A 2024 Pollara Strategic Insights study found that 34 percent of Canadians have experienced workplace discrimination. This figure reached as high as 60 percent for recent immigrants, racialized, and LGBTQ2SIA+ individuals.  

Poor workplace conduct through discrimination, harassment, and other types of unfair treatment affects the organization in negative ways. In this article, we’ll look at the importance of having a code of conduct to remind us of ideal workplace behaviours. We’ll go over provincial and territorial statutes on workplace conduct and HR’s role in upholding a safe environment for all.  

What is workplace conduct?  

Workplace conduct is a set of behaviours that employees are expected to follow, especially in their place of business. These behaviours are recorded in a policy document which is usually called a code of conduct. 

What is the code of conduct in the workplace? 

The employee code of conduct is a set of guidelines in the workplace. It makes sure that everyone is aware of the way they are expected to behave at work. The code of conduct is shared during the onboarding process and at several points during the employee lifecycle: 

• training sessions 
• policy updates 
• regular communication (e.g., newsletters, bulletin board notices, company-wide chats)  

Why do we need a code of conduct? 

A workplace code of conduct outlines how the organization expects employees to behave. It also details what actions the employer will take if employees do not follow these guidelines.  

The overall goal is to make the workplace safe for everyone. Employers have a duty of care to their employees, and enforcing a code of conduct is part of this responsibility. 

The duty of care is not just best practice – it's a legal obligation. Failure to uphold it can result in regulatory penalties, lawsuits, and reputational harm. 

Legal obligations: workplace conduct laws and regulations 

Workplace conduct in Canada falls under both federal and provincial/territorial laws. Each province and territory has its own employment standards, human rights codes, and occupational health and safety guidelines. These laws set out the minimum standards for workplace behaviour, safety, and respect. 

Most Canadian provinces/territories share these key legal requirements for workplace conduct: 

• Employers must provide a safe and healthy workplace – this includes psychological safety at work 

• Discrimination and harassment are prohibited based on race, gender, age, disability, and other protected grounds 

• Employees have the right to report unsafe or inappropriate conduct without fear of retaliation 

• Employers must investigate complaints of discrimination, harassment, or violence in the workplace 

• Written policies on workplace discrimination, harassment, and violence are required 

• Employers must train employees on workplace conduct and safety 

Employers who fail to meet these obligations could face fines and penalties, depending on how severe and frequent these violations happen.  

Inspectors can issue compliance orders, which require employers to address violations before a set deadline. Another possible outcome of poor workplace conduct: employees can sue for damages if their rights are violated, especially in cases of discrimination or harassment. 

Building an effective workplace conduct policy  

To help create a harmonious working space for your employees, it is essential to have an employee code of conduct. Most of your organizations have one by now, so consider the following points as advice for improving what you already have: 

Start by sharing the company’s values 

This is a good reminder for all your people of what your company stands for. Everything in the policy document should flow from these values, consistent with local laws and guidelines.  

Refer to the relevant laws for your province/territory as guide 

It’s important to align your policy document with provincial or territorial laws that cover discrimination, harassment, and violence at work. 

Here’s a list of provincial and territorial laws that you should follow: 

Federal (for federally regulated workplaces) 

• Canadian Human Rights Act 
• Canada Labour Code 

Alberta 

• Alberta Human Rights Act 
• Occupational Health and Safety Act 

British Columbia 

• Human Rights Code 
• Workers Compensation Act   

Manitoba 

• The Human Rights Code 
• Workplace Safety and Health Act 

New Brunswick 

• Human Rights Act 
• Occupational Health and Safety Act   

Newfoundland and Labrador 

•  Human Rights Act, 2010 
•  Occupational Health and Safety Act 

Northwest Territories 

• Human Rights Act 
• Safety Act 

Nova Scotia 

• Human Rights Act 
• Occupational Health and Safety Act 

Nunavut 

• Human Rights Act 
• Labour Standards Act 
• Safety Act 

Ontario 

• Ontario Human Rights Code (includes Human Rights Code Amendment Act, 2017) 
• Occupational Health and Safety Act 

Prince Edward Island 

• Human Rights Act 
• Occupational Health and Safety Act 

Québec 

• Charter of Human Rights and Freedoms 
• Act Respecting Labour Standards 
• Act Respecting Occupational Health and Safety 

Saskatchewan 

• Saskatchewan Human Rights Code 
• Occupational Health and Safety Act 

Yukon 

• Human Rights Act 
• Occupational Health and Safety Act 

Visit Canadian HR Reporter’s Workplace Compliance Centre for links to these documents, listed per province/territory. 

Form a working group to help draft your policy 

When creating or revising workplace policies, it’s essential to consult a diverse group of employees and managers. This helps ensure that all groups are represented.  

According to the Canadian Human Rights Commission, everyone should be involved in decisions that impact their lives and well-being. 

Use plain language to avoid any confusion  

This sounds like a given, but it's still worth emphasizing: using simple language can lead to better understanding of the policy. Avoid jargon and technical terms. Clear policies are more likely to be understood and followed. 

Outline penalties clearly 

Use clear language throughout the workplace conduct policy, especially when describing possible penalties. This helps underscore the importance of following the policy document. 

Consult a labour lawyer  

Throughout the drafting and review process, have an employment lawyer go over the content. They can make sure that your policy is aligned with the relevant laws and guidelines. They can also help refine the wording to spot any possible loopholes. 

Visit our Canadian Readers’ Choice Awards for a list of top employment lawyers in the country. 

Have mechanisms for confidential reporting and investigation 

Build trust among your employees by providing a way for them to report wrongdoing. Establish clear reporting channels for people to access (e.g., hotline, email, in person). Designate a person they can report to, whether that’s HR, their supervisor, or a senior manager.  

Tell employees that these incidents will be taken seriously. Reassure them that they will be protected from any reprisals.  

 Poor reporting structures lead to under-reporting, resulting in bad behaviour being left unpunished. Build trust by establishing a reliable, transparent process. 

Conduct training for employees and managers on the policy 

Have regular sessions with managers and their teams on the policy on workplace conduct. Keep an eye on questions and issues that they raise; these may be areas in the policy that need to be refined.  

Make this workplace conduct training part of these activities: 

• onboarding 
• certain town hall meetings 
• team building sessions 
• team meetings 

Review your policy document regularly in line with regulatory changes and feedback from your people.  

Addressing inappropriate workplace conduct 

Let’s say you have a solid policy document, you’ve done the training, but an employee still fails to follow the code of conduct. What happens next? 

Take action 

When issues come up, respond quickly. Taking early action can stop problems from getting worse. It also shows your employees that you take these issues seriously. 

Here are some best practices in handling poor conduct: 

• Listen to everyone involved before making a decision 
• Remain neutral; avoid taking sides 
• Note down all details and keep data privacy practices in mind  
• Support those affected by the behaviour 
• Take corrective action as needed 

Progressive discipline 

A good approach to take here is progressive discipline. Start with a verbal warning for minor issues, following up with a written warning if the behaviour persists. If the poor conduct escalates, you might have to consider suspension or termination.  

Progressive discipline will not work in all cases, especially for serious and persistent allegations.  

Here are some expert views from a lawyer on what progressive discipline might look like. 

Alternative dispute resolution 

Another approach to consider involves having a third-party mediator to work with both parties. The goal is to arrive at a resolution that both parties are satisfied with. This is part of the human rights-based approach to addressing workplace harassment and violence. 

This is an option only if the complainant agrees. They may prefer to go with a formal complaint; in this case, their wishes must be respected. 

Formal approaches 

This approach is best suited to serious and persistent allegations of wrongdoing at work. The employer initiates the investigation process. They appoint a trained and impartial investigator to take the lead. This could be an HR professional, but external third-party investigators may be required in certain cases. 

The investigator must be thorough and knowledgeable in the relevant laws. Some expertise in handling trauma situations would be helpful.  

A thorough, unbiased investigation not only addresses the immediate complaint but also demonstrates the employer’s commitment to a safe and respectful workplace. 

Here are more best practices on workplace investigations. 

Follow through 

After resolving the issue, update everyone involved. Tell them what steps will be taken next and who does what. Make sure everyone understands the process. 

Offer support to affected employees after the incident. Extend counselling services if needed. 

Apply lessons learned  

Here are steps you and your team can take to prevent future problems: 

• Update workplace conduct policies regularly 
• Provide ongoing training in workplace behaviour 
• Recognize and reward positive actions 
• Address small issues before they become big problems 

Responding to inappropriate workplace conduct is challenging but necessary. Using a clear process helps create a respectful and safe workplace. HR professionals are key to making this happen. 

HR’s role in fostering a positive workplace culture  

HR professionals play an important role in shaping and promoting a respectful, inclusive, and supportive work environment. By modeling ethical behaviour, promoting open communication, and ensuring that policies are fair and accessible, HR sets the tone for workplace expectations. 

HR is also responsible for training the workforce, addressing concerns quickly, and supporting both employees and leadership in upholding organizational values.  

When the company’s values are reflected in the way people treat each other, employees build trust among themselves and their employers. This results in a culture where everyone feels valued and safe. And this all begins with HR.  

Why workplace conduct still matters  

The average Canadian workplace is a melting pot of different cultures, backgrounds, and behaviours. Employees need to be reminded of their workplace code of conduct so that their behaviours follow one standard set by the workplace.  

A workplace conduct policy, along with a strong organizational culture, helps promote an inclusive  environment for all. That leads to long-term effects like high productivity, employee satisfaction, and overall contentment. And this is exactly what a workplace code of conduct aims for. 

Read and bookmark our section on employment law for more articles and case studies on workplace policies and legislation.