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Harassment, whistleblowing and employer liability

23 juillet 2020

3 minutes

Patricia Chamoun

Lawyer, Managing Partner



Me Patricia Chamoun and Me Cristelle Sary

Legal and business advice

 

Since the beginning of the month, a new wave of denunciations has been sweeping Quebec. It is shaking the artistic community as much as the business community. Complaints of assault and harassment are multiplying in legal aid clinics. Unfortunately, the wait times to be heard by an arbitrator are often long, around 18 months in normal times. Thus, in the hope of taking justice into their own hands, complainants are taking to social media by storm.

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ABOUT THE AUTHOR

Me Patricia Chamoun and her firm represent SMEs, particularly in the fields of business law, real estate, construction and technology. Also, thanks to her passion for the arts, music and cinematography, in recent years she has developed expertise in the field of entertainment law.

Patricia Chamoun

ABOUT





The increase in reports of assault and harassment is not just a wave, but is likely to continue over time. Employers have obligations to their employees to protect them. It is important to give victims a voice because harassment, no matter how serious, disrupts their lives and undermines the work environment, which could lead to the termination of employment, either through resignation or even dismissal. The more serious the problem is or the longer it lasts, the more likely the consequences are to erode the organization's image and the trust of its employees.


Employers can take the following steps to prevent harassment in the workplace:



5 steps to take to protect your employees

 

(1) Adopt a harassment policy. Since January 2019, employers have had a legal obligation to adopt a policy for preventing and handling complaints. This policy must be a tool that facilitates the management of complaints and allows the employer to fulfill its obligations;


(2) Make the policy accessible to employees, customers and suppliers . It should be disseminated to all employees, for example at an employee meeting, by email, or by posting it in a location accessible to employees, customers and suppliers;


(3) Carefully choose the trusted person(s) authorized to receive complaints or reports . This choice is essential. In fact, it is necessary to select people with a high hierarchical level, for example the person responsible for human resources or the person in charge of internal liaison and communications with senior management. It is also necessary to assign a woman and a man. In the case of small businesses, the employer can do business with an external human resources consultant;


(4) Correct risk situations by periodically assessing the risk of psychological or sexual harassment and determining what measures to take, giving a timetable for implementing them;


(5) Intervene quickly and support the people concerned . It is important to meet and discuss with the complainants, in order to decide, together with them, how to intervene and see if it is possible to correct the situation. At the same time, it is essential to offer support measures to the people concerned, such as access to psychologists, external human resources advisors, etc.



An employer must act as soon as it becomes aware of inappropriate behavior on the part of an employee, a customer, a supplier or another third party. It does not have to wait for a formal complaint or for the case to be brought to court. The employer must refer to its internal policy in place and, if in doubt, seek advice from its human resources representative or its legal advisor in labor law.


Finally, let's keep in mind that when it comes to harassment, "what's lying around gets dirty."




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