Employment lawyer on Governor General Payette’s resignation

Governor General Julie Payette has resigned following reports of a toxic workplace and harassment at Rideau Hall. Payette’s resignation and accompanying allegations of harassment have raised questions of how to report workplace harassment and if the position of the employee exhibiting misconduct factors into the disciplinary measures taken.

Lior Samfiru, a Toronto employment lawyer and co-founding partner at Samfiru Tumarkin LLP spoke with the Roy Green Show on Global News Radio to answer these questions and more.

What They Discussed

Will Governor General Julie Payette’s resignation have any influence over issues of harassment in the workplace?

Workplace harassment is the type of behaviour that an employer cannot let go without investigating and have to properly address. The former Governor General’s resignation hopefully will act as a reminder to employers and employees of what needs to be in place at a workplace to ensure harassment is dealt with.

Is properly vetting employees an important part of addressing workplace harassment?

An employer does have an obligation to ensure the workplace is safe and often that begins with hiring proper management. Employees who experienced harassment at Rideau Hall could possibly also have a claim against the government for not properly vetting Payette.

Would the investigation into Payette have been quicker if she had not been the Governor-General?

Investigations in the private sector would have been quicker and conclusions would have been drawn more efficiently. In the private sector, speed does matter in order to ensure employees are protected and working in a safe environment.

Is there a clear definition of expected behaviour in the private sector?

Every company is free to make its own policies within reason – the base rule, however, is that employee is not subjected to a toxic work environment or harassment.

If an employee feels they are being treated unfairly at work, what should they do?

Employees who feel they are being mistreated should bring their concerns to HR or an appropriate superior. Employees cannot be penalized for reporting allegations of harassment. Employers have to conduct investigations based on reports of harassment and if they are not properly addressed, it could be considered grounds for constructive dismissal.

When should an employee contact an employment lawyer regarding workplace harassment?

If an employee has raised their concerns internally and their employer has not properly conducted an investigation, it is important to reach out to an employment lawyer. It is preferential to first try and resolve any issues internally.

Would employees in a position like that of Payette be similarly dismissed in the private sector?

Employees who faced the allegations like that of Payette would not be offered any compensation and would be terminated possibly for cause in the private sector.

Are incidents of harassment in which an employee needs an employment lawyer common?

There is now more discussion of workplace harassment and employees do feel more empowered. Unfortunately, allegations of harassment at the workplace are more common than most people would believe.