Employment lawyer on Vancouver Park Board’s toxic workplace

Interview Summary

The Vancouver Park Board is facing allegations of harassment and racism from an employee. How should issues such as bullying and harassment be handled at the workplace? What are employees entitled to and employers obligated to provide?

Dan Balkaran, a Vancouver employment lawyer and Associate at Samfiru Tumarkin LLP joins Jill Bennett on 980 CKNW to answer these questions and more on employee rights and workplace investigations.

Interview Notes

• Vancouver Park Board accused of racism and harassment: The Vancouver Parks board does have an anti-harassment and anti-racism policy in place which should be followed by all employees.
• Repercussions for employees reporting harassment: Employees are protected by the human rights code if they are voicing human rights complaints and violations. Employees cannot be penalized by their employers for enforcing their rights. However, employees who publicly embarrass their employers could face other repercussions. Employees might face a loss of employment if they decide to air their concerns to sources other than the human rights board or appropriate internal departments at their workplace.
• Employee steps to take if facing harassment or bullying: All employers must have a policy in place for employees to decide their next steps for workplace harassment. Once complaints are brought forward, employers must investigate all claims and resolve the situation. Employees should also record incidents of abuse and discrimination and if appropriate steps are not taken, if facing discrimination, bring forth a human rights complaint. Complaints that are not resolved can also lead to constructive dismissal and allow employees to pursue their severance entitlements.