Harassment in the workplace – Team Member Recurrent Discussion – ONTARIO

[vickyp]

#80834

Forum: Community

Recently, we had a case of harassment in the workplace, whereby one team member slapped another on the bottom (both male employees). This was negatively received from the team member being slapped, and the incident was reported to HR. After review, it was determine that the team member who had slapped the other bottom was in the wrong, an this team member was written up, and walked back through our internal harassment policies with this team member. At the close of the meeting the team member was reminded that this was not to be discussed with any team members, and that discussion with the accusing team member regarding this subject was not acceptable.
Today, those team members were working in the same department, and entered into a discussion regarding the event. The accused indicated to the accusing team member that they wanted to be amicable in the work place, and to forget about the harassment complaint, which was received negatively by the accuser. The accuser then came into my office to discuss the conversation, and indicated that they now felt threatened and harassed regarding the incident.
We have discussed this with the accused employee and reminded them that it is not acceptable to discuss the event in any context. As an employer, are there additional measures which must be taken to address the issue, and to ensure we have fulfilled our obligations as an employer?

Thank you

[vickyp]

#80833

I think this case has evolved to the point where you should talk to a lawyer. I can’t give you legal counsel, just a general opinion. As long as you’re cool with that, I’ll proceed.
I think you might have been too easy on the accused. Of course, I don’t know all the facts or context. But generally speaking, physical acts like slapping a co-worker in the butt (whether male-on-male, male-on-female or any other combination,is pretty serious) and calls for more than just a warning (if that’s what you mean by “written up”).
Another problem is that the accused may have violated the terms of his “reminder” by talking to the accuser about the incident. That in itself may be worthy of additional discipline.
As for what you may want to do going forward: First thing I’d consider doing is having the accused sign some kind of probationary or last chance agreement acknowledging the previous violation(s) and promising not to commit any further violations. Specify zero tolerance and that breach may be grounds for immediate dismissal.
The next thing I’d do is get the accused away from the accuser if reasonably possible. Your obligation is to protect the accuser and he’s made it known he feels threatened and wants no part of the accused. It sounds like a fairly reasonable position, too–although, again, I don’t know all the facts. Keeping them on the same team is asking for trouble; and since you’re now on notice, your liability risks are that much higher.
I hope this helps and I urge you to please do talk to a lawyer. Glenn

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