Resolution of Workplace Conflict A Legislated Approach as Compared to a Proactive and Preventative...
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Transcript of Resolution of Workplace Conflict A Legislated Approach as Compared to a Proactive and Preventative...
Resolution of Workplace Conflict A Legislated Approach as Compared to a Proactive
and Preventative Approach
Kim Squires, B.A., B.Ed, M.B.A., CHRPDirector Human ResourcesSaint Mary’s UniversityHalifax, Nova Scotia
Bridget Brownlow, B.A, Con.Res.CertConflict Resolution AdvisorSaint Mary’s UniversityHalifax, Nova Scotia
Tara Erskine, B.A., LL.B, CHRPPartner, McInnes CooperPurdy’s Wharf Halifax, Nova Scotia
A review of legislation across Canada A comparison between a legislative approach and a
proactive approach Supporting criteria for the introduction and implementation
of conflict resolution services Organizational Conflict: Causes & Impact Informal Resolution of a Complaint Formal Resolution of a Complaint Challenges Question and Answer
Today’s presentation will focus on the following areas:
Legislative Approach
Quebec is the only province in Canada that prohibits psychological harassment in the workplace with legislation
Other provinces such as Ontario, Nova Scotia, Saskatchewan and Alberta have legislation relating to Workplace Violence or Occupational Health and Safety that may serve to protect against some instances of workplace bullying
In September 2003 a bill regarding psychological harassment in the workplace was introduced to the House of Commons but was later defeated
There remains an interest at the Federal level of passing legislation against workplace bullying, as was noted in a 2006 report by Human Resources and Skills Development Canada
Quebec’s legislation against psychological harassment in the workplace came into effect in May, 2004
This legislation is the first of its kind in North America Psychological harassment is defined as:
“Any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures that affect an employee’s dignity or psychological or physical integrity and that results in a harmful work environment for the employee”.
Examples of suggested forms of psychological harassment that would fall under this legislation are: rude, degrading, or offensive remarks, intimidating gestures, discrediting the employee, belittling the employee, and isolating the employee
Quebec Legislation on Psychological Harassment
The goal of the Quebec Labour Standards Commission has been to resolve 95% of complaints by informal negotiation
Quebec employers have been challenged by employees using this legislation as a means to retaliate against the employer
Quebec employers required to provide employees with negative performance appraisals have been accused of psychological harassment
The boundary between bad management and psychological harassment is difficult to distinguish with the Quebec legislation
Quebec Legislation on Psychological Harassment
The Common Law implies in every employment contract that: “The employer will treat the employee with civility, decency, respect and dignity.” - Lloyd v. Imperial Parking Ltd. (Alberta LR)
There is also a duty to prevent an employee from being harassed by other co-workers: “An employer’s failure to prevent the harassing behaviour of an employee by co-employees … has been held to be capable of amounting to constructive dismissal.” – Stamos v. Annuity Research & Marketing (Ont, SCJ)
Common Law Obligations
Arbitral tribunals have also determined that differential treatment may become “personal harassment.” In Toronto Transit Commission v. Amalgamated Transit Union (Ont Arb), the employer was held liable for $25,000 in damages for harassment by treating an employee differentially.
Liability in the University context
Common Law Obligations
Responsibilities: Duty to ensure fair, civil, decent, and respectful treatment of
employees Duty to ensure work environment does not become hostile,
embarrassing, or forbidding Work environment is conducive to employee’s health and well-being
A breach of these responsibilities may lead to…
Liabilities: Constructive dismissal damages Tort damages relating to emotional harm suffered Special damages relating to any other economic losses
Common Law Responsibilities and Liabilities
Assess the Situation Perform an assessment of your workplace and determine what action
must be taken to ensure that it is an environment that is civil, respectful, and decent towards all employees
Training and Education Develop and implement training programs for employees, supervisors,
and managers Ensure that employees are aware of their right to a civil, respectful, and
decent work environment Ensure that supervisors and managers are aware of their
responsibilities of providing a civil, respectful, and decent work environment
Policy Development and Implementation Develop and implement a policy concerning harassment in the
workplace which outlines employee rights and employer obligations
A Proactive Approach to Limiting Liability
Saint Mary’s University first introduced internal conflict management services in 2004
To date the program has proven to be very successful having provided consistent and timely conflict resolution support to students, faculty and staff
Introduction
Support for Conflict Resolution at SMU
Policies In 2005 the University Board of Governors and Executive Management Group
unanimously approved “The Policy on the Prevention and Resolution of Harassment and Discrimination”
“Violence in the Workplace: Prevention and Response” (2006)
Programs Partners Against Racism (PAR) Remembrance and Action on Violence Against Women Peer Mediation in Student Residence Students for Teaching Peace Saint Mary’s Conflict Management Programs (Professional and Executive
Development) Saint Mary’s Department of Athletics anti-bullying campaign Extensive training in conflict resolution offered on a regular basis to students,
faculty and staff Peaceful Schools International
Facts Effective conflict resolution programs reduce costs associated with
poorly managed conflict by 50% - 80% (Karl Slakieu and Ralph Hasson. "Controlling the Costs of Conflict". San Francisco:Jossey-Bass, 1998)
For more than 10 years conflict resolution training has been afforded to many elementary, junior high and high school students locally, regionally and nationally.
Under the Public Services Modernization Act (Bill C-25) legislated all federal workplaces to develop and implement interest-based conflict management programs
Between April 2004 – April 2006 the conflict resolution program has assisted in the facilitation and successful resolution of 26 student related conflicts, 45 faculty related conflicts and 23 staff related conflicts. One multi-party formal complaint was also ultimately resolved through conflict resolution.
Support for Conflict Resolution at SMU (continued)
differing expectations competing goals conflicting interests conflicting values role confusion organizational change unsatisfactory
interpersonal relations
skill deficits psychopathology confusing communications unresolved prior conflict lack of conflict
management options scarce resources malicious intent
Organizational Conflict: Causes
low morale increased absenteeism increased sick leave increased use of grievance procedures increase in legal fees sabotage work to rule
Organizational Conflict: Impact
Four Conflict Management Options (within organizations)
Avoidance
Power Play / Force
Higher Authority
Collaboration
Organizational Conflict
Avoidance
Activities: “Wait and see”
Avoid situation
Decision Making: By chance
Primary Focus: Isolation from the problem
Primary Outcome: Unpredictable
Higher Authority
Activities: Internal (line of authority)
External (courts, litigation)
Decision Making: By third/authorized party
Primary Focus: Right and wrong according to objective criteria
Primary Outcome: Win/lose
(lose/lose)
Power Play / Force
Activities: Political action
Strikes, civil disobedience
Physical force
Decision Making: By force
Primary Focus: Power Contest
Primary Outcome: Win/lose
(lose/lose)
Collaboration
Activities: Individual Initiation
Negotiation (via direct talks)
Mediation (formal and informal)
Decision Making: Individual initiative: by a party in light of interests of all parties
For both negotiation and mediation: by the parties
Primary Focus: Integrative solution based on interests and other facts
Primary Outcome: Win/win
Rationale
How is the informal resolution procedure started?
What is the role of the Conflict Resolution Advisor or other individuals receiving the complaint in the informal resolution process?
What is the procedure for informal resolution through conflict resolution?
Informal Resolution of a Complaint
How long is this process?
What are the possible outcomes?
What happens if an agreement of resolution is violated?
What if the informal resolution process is unsuccessful?
What are the exclusions from the informal resolution
procedure?
Informal Resolution of a Complaint(continued)
Prohibited Grounds of DiscriminationNova Scotia Human Rights Act
Race Ethnic, national or aboriginal origin Family status Marital status Source of income Political belief, affiliation or activity An irrational fear of contracting an illness or disease Colour Age Religion Creed Sex Sexual orientation Physical disability or mental disability
Formal Resolution of a Complaint
Challenges for Saint Mary’s University
Communication and dissemination of information on workplace harassment can be challenging in a large institution
Resistance to new initiatives / organizational change is challenging for some students, faculty and staff
Consequences for psychological harassment are not backed by provincial / federal legislation
Recognition that it can be very difficult to prove allegations of psychological harassment
Viability of the formal process