What qualifies as a toxic workplace: Employment lawyer on Global News

News of Governor General Julie Payette’s resignation has given rise to many questions concerning toxic workplaces and the rights of employees who feel their work environment is not safe and healthy. How should employers and employees respond to allegations of workplace harassment? What options are available to them?

A Vancouver employment lawyer at Samfiru Tumarkin LLP joined Charles Adler on Global News Radio to answer these questions and more.

What They Discussed

Why do we have toxic workplaces?

Toxic workplaces, unfortunately, happen quite often and employees are largely unaware of what rights they have or how to determine their workplace is not a safe space.

Is bullying usually the worst part of a toxic workplace or are there more serious offenses?

At times there are allegations of sexual harassment, violence, and discrimination based on protected grounds in the human rights code. Fortunately, these allegations are not as common.

In large workplaces, do managers receive training on HR issues such as bullying and harassment?

In many workplaces, unfortunately, even if there are policies against harassment and bullying, not every staffer is aware of what constitutes discrimination and harassment. A best practice would be to have an independent HR department or a legal counsel in which an employee can seek out to determine their rights and properly investigate complaints.

Do employees have anything to fear if they report incidents of abuse and harassment at work?

There are systems in place in which employees that fear reprisals, can safely report incidents. In Vancouver, WorkSafe BC allows employees to report issues and complaints to an external entity and submit complaints that result in inquiries. A review is then conducted of the employer to ensure the workplace is safe and operating properly.

Do companies have an obligation to let the public know of past employees who created a toxic work environment?

Ultimately it will be up to an employer if they decide to report an employee’s past behaviour and whether or not there was a formal complaint and investigation. If a formal complaint was filed, that information would be searchable.