HARASSMENT, MISCONDUCT, AND MALPRACTICE
N It is an employer’s or professional association’s duty and obligation to act on any complaints of misconduct, negligence, malpractice, harassment, violence, bullying, or discrimination whether a complaint has been made directly or if the behaviour is simply generally known. This includes taking the complaint seriously and conducting a complete and detailed investigation by an independent and neutral third party. Failing to properly investigate such matters can have very serious and costly repercussions, as seen in Doyle v. Zochem Inc., 2017 where a botched sexual harassment investigation ended up costing the company in $40,000 in damages plus significant legal expenses on appeal.
Employers and associations can also find themselves on the hook if they have failed to adequately institute and apply appropriate measures to prevent or reduce workplace harassment, discrimination, bullying, and violence. It is vitally important that every workplace, whether a small business or a multi-national organization, have policies and procedures in place to protect the mental and physical wellbeing of every person they engage with, including employees, contractors, customers, and the general public. If you are wondering if you need to have policies and procedures in place for harassment or appropriate behaviour–YOU DO!
When it comes down to investigating complaints, the initial phases of verifying the validity and severity of an issue can be conducted by in-house HR personnel, OH & S staff, or union reps. However, if an issue has the potential to have legal consequences or become a labour grievance, hiring an independent third party investigator ensures impartiality and appropriateness, especially in the eyes of a judge, tribunal, or arbitrator.
If you are a small organization or business without the resources to create, manage, monitor, and implement anti-harassment, misconduct, and OH&S programs on your own, Incarna Consulting can work with you to develop policies, procedures, and practices that adhere to the law and best practices to protect you, your staff, your customers, and your business partners.
How Can We Help
- N Workplace training on harassment, bullying, discrimination, and inappropriate behaviour
- N Building and instituting a prevention program and creating corporate policies
- N Developing a robust and responsive complaint and resolution process
- N Conducting independent workplace inspections
- N Conducting independent investigations for harassment, misconduct, or discrimination
- N Conducting independent investigations into negligence and malpractice claims
- N Conducting independent investigations into incidents and accidents
- N Analyzing and reviewing of existing policies, procedures, and files
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