How to approach an employee's accusation of bullying
Question: What is the best way to handle an employee who accuses another employee of bullying in the workplace? What steps are a must to take?
Answer: An employer has a duty to investigate complaints of harassment and to properly sanction the offender. Whenever an employer receives a complaint or otherwise learns of alleged harassment in the workplace, the employer must take the complaint seriously and act as promptly as possible. Subject to the provisions of any written policy on handling a complaint, consider the following basic steps in responding to a harassment complaint:
•Designate a contact person or persons who can be approached with the initial complaint
•Advise the complainant to create written notes of the incident, including the names of possible witnesses, to assist in investigating the complaint and identifying all people who may have relevant information. If the conduct is ongoing, notes should be written as soon as possible after any incidents.
•Assess whether the alleged behaviour will constitute harassment.
•Proceed with the investigation of the complaint. The investigator should be as independent as possible. It is crucial to ensure the investigation is as fair and unbiased as possible.
•The investigator should meet with the complainant, alleged harasser and any other witnesses separately to get accounts from all parties involved. It is important for the investigator to keep all information collected in the investigation process as confidential as possible.
•It cannot be emphasized enough that the parties must be kept informed of the progress of the investigation, especially when there are delays for reasons not readily apparent. An employer may be doing everything possible to conclude an investigation. However, if the victim does not know this the case and time passes, the victim may feel unsupported and think the employer does not care. If that impression is reasonable, it could add to the assessment of damages awarded to the complainant. It is possible for the procedure followed during an investigation to be both transparent while ensuring the facts are kept confidential.
•It should be clearly understood by the alleged harasser that any retaliation against the complainant would be a separate violation of the employer’s harassment policy. The complainant should be told that this has been done to ensure that there is as high a level of comfort as possible. Remember, the employer may be liable for whatever damage has been suffered, including stress.
•While the investigation is proceeding, keep the alleged harasser and the complainant separate, if possible. Consider an unpaid leave of absence for the harasser when it seems likely the complaint will be substantiated. If the investigation establishes that the allegations are unfounded, the leave can be converted to a paid leave.
•The investigation should be conducted as quickly as possible and the complainant and alleged harasser informed of the outcome.
•If the investigation confirms the harassment, immediate and appropriate corrective action should be taken by doing what is necessary to end the harassment, make the complainant whole by restoring lost benefits or opportunities (where appropriate) and prevent the misconduct from reoccurring.
•Appropriate disciplinary action should be taken against the harasser, which may range from verbal reprimand to dismissal, depending on the nature of the misconduct. Generally, the corrective action should reflect the severity of the misconduct.
•It is also advisable for the employer to make follow-up inquiries to ensure the harassment has not resumed and the complainant has not suffered retaliation.
•Make sure the victim understands that if the prescribed remedies do not work, other alternatives can be considered. A solution to harassment may require some “trial and error.”
Brian Kenny is a partner with MacPherson Leslie and Tyerman LLP in Regina. He can be reached at (306) 347-8421 or [email protected].
•Advise the complainant to create written notes of the incident, including the names of possible witnesses, to assist in investigating the complaint and identifying all people who may have relevant information. If the conduct is ongoing, notes should be written as soon as possible after any incidents.
•Assess whether the alleged behaviour will constitute harassment.
•Proceed with the investigation of the complaint. The investigator should be as independent as possible. It is crucial to ensure the investigation is as fair and unbiased as possible.
•The investigator should meet with the complainant, alleged harasser and any other witnesses separately to get accounts from all parties involved. It is important for the investigator to keep all information collected in the investigation process as confidential as possible.
•It cannot be emphasized enough that the parties must be kept informed of the progress of the investigation, especially when there are delays for reasons not readily apparent. An employer may be doing everything possible to conclude an investigation. However, if the victim does not know this the case and time passes, the victim may feel unsupported and think the employer does not care. If that impression is reasonable, it could add to the assessment of damages awarded to the complainant. It is possible for the procedure followed during an investigation to be both transparent while ensuring the facts are kept confidential.
•It should be clearly understood by the alleged harasser that any retaliation against the complainant would be a separate violation of the employer’s harassment policy. The complainant should be told that this has been done to ensure that there is as high a level of comfort as possible. Remember, the employer may be liable for whatever damage has been suffered, including stress.
•While the investigation is proceeding, keep the alleged harasser and the complainant separate, if possible. Consider an unpaid leave of absence for the harasser when it seems likely the complaint will be substantiated. If the investigation establishes that the allegations are unfounded, the leave can be converted to a paid leave.
•The investigation should be conducted as quickly as possible and the complainant and alleged harasser informed of the outcome.
•If the investigation confirms the harassment, immediate and appropriate corrective action should be taken by doing what is necessary to end the harassment, make the complainant whole by restoring lost benefits or opportunities (where appropriate) and prevent the misconduct from reoccurring.
•Appropriate disciplinary action should be taken against the harasser, which may range from verbal reprimand to dismissal, depending on the nature of the misconduct. Generally, the corrective action should reflect the severity of the misconduct.
•It is also advisable for the employer to make follow-up inquiries to ensure the harassment has not resumed and the complainant has not suffered retaliation.
•Make sure the victim understands that if the prescribed remedies do not work, other alternatives can be considered. A solution to harassment may require some “trial and error.”
Brian Kenny is a partner with MacPherson Leslie and Tyerman LLP in Regina. He can be reached at (306) 347-8421 or [email protected].
