Jian Ghomeshi: From scandal to fallout, what employers can learn - PowerPoint PPT Presentation

Jian Ghomeshi: From scandal to fallout, what employers can learn Miller Titerle + Company LLP

Introduction • Bullying & harassment defined • Legal Framework • The Jian Ghomeshi scandal and fallout – focus on investigation report • What Employers can Learn 2

Legal Framework • Section 115(1)(a) and (e) of the Workers Compensation Act require employers to take all reasonable steps in the circumstances to ensure the health and safety of workers and to inform, instruct, train and supervise workers to ensure their safety and those of other workers 3

Legal Framework • Employers have duty under the Workers Compensation Act and corresponding policy to “take all reasonable steps to prevent, where possible, or otherwise minimize, workplace bullying and harassment.” • Violation of s. 115 can lead to administrative penalties under s. 196 of the Workers Compensation Act 4

Legal Framework OHS Policies define “Bullying and Harassment” as conduct that: (a) includes any inappropriate conduct or comment by a person towards a worker that the person knew or reasonably ought to have known would cause that worker to be humiliated or intimidated, but (b) excludes any reasonable action taken by an employer or supervisor relating to the management and direction of workers or the place of employment. 5

Legal Framework Workplace stressors, such as bullying and harassment do not include interpersonal conflict unless it is abusive or threatening. 6

What is Bullying and Harassment? • Behaviour that humiliates or intimidates. Some examples are: • Verbal aggression, taunts, cruel jokes • Vandalizing personal belongings or workspace • Sabotaging work • Spreading malicious rumours • Humiliating initiation practices / hazing • Aggressive / threatening gestures • Cyber-bullying • Can come from co-workers, supervisors, employers, external sources 7

What is NOT bullying and harassment? Expressing differences of opinion and views; Offering constructive feedback; and/or Making a legitimate complaint about another worker’s conduct. 8

What is NOT bullying and harassment? Reasonable management action which includes decisions about: • Job duties and work to be performed • Workloads and deadlines • Layoffs, transfers, promotions, and reorganizations • Work instruction, supervision, or feedback • Work evaluation • Performance management • Discipline, suspensions, or terminations 9

Compensation for Claims In order to receive compensation, must be: (i) one or more traumatic events arising out of and in the course of the worker's employment; or (ii) a significant work-related stressor, or a cumulative series of significant work-related stressors, arising out of and in the course of the worker's employment Must be diagnosed by a psychiatrist or a psychologist as a mental or physical condition that is described in the most recent DSM 10

Jian Ghomeshi – the Investigation Report 1. Breach of Behavioural Standard • Prevalent behaviour was “deeply disrespectful” 11

Jian Ghomeshi – the Investigation Report 2. Knowledge Management • Managers who directly managed Ghomeshi and who were involved in decisions about his employment at CBC had knowledge and awareness about aspects of his behaviour • “as star was allowed to rise, his problematic behaviour was left unchecked” (p. 24) 12

Jian Ghomeshi – the Investigation Report 3. Missed Opportunities to Investigate • Three separate and distinct missed opportunities to investigate • Allegations triggered obligation to investigate. CBC failed to do so • Fact that information had “cumulative meaning” was missed (p. 34) • Had it taken proper steps, CBC would have obtained clearer picture 13

Jian Ghomeshi – the Investigation Report 4. Role of the Union • Union member put union on notice of issues and union failed to act 14

Jian Ghomeshi – the Investigation Report 5. The existence of “Host Culture” • Host culture had been accepted at CBC for a “long time” (p. 36) • Hosts demanding, have ear of management and management highly motivated to keep them happy 15

Jian Ghomeshi – the Investigation Report 6. Who is Boss? • No one had clear and consistent authority over Ghomeshi on day to day basis • This contributed to environment in which breaches of behavioural standard occurred 16

Jian Ghomeshi – the Investigation Report 7. Weak Systems and Procedures • Over reliance on formal complaints; • Lack of comprehensive data; • Narrow survey information; • No system to measure behaviour; and • Generic training. 17

Recommendations • Clarifying behavioural standards and accountabilities; • Raising awareness of those standards and accountabilities; • Creating uniform and fair enforcement of behavioural standards and workplace rules; 18

Recommendations • Enhancing existing mechanisms for reporting inappropriate behaviour; • Enhancing channels of communication about workplace experiences and to obtain data; • Creating an additional system to address overall fairness in the workplace. 19

Conclusion • Questions?? 20