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I think you did get my response because you sent me a nice thank you. And then the HRI site shut down and I guess the answers got erased. Anyway, just in case you’re still waiting, and if you are, I’m really sorry. Nobody should ever wait two weeks for a reply, I was suggesting that you NOT offer incentives to employees who don’t use their alloted paid sick leave because it exposes you to risk of disability discrimination. The argument can be–and has been–made that what an employer in this situation is actually doing is not rewarding wellness but penalizing non-culpable illness and injury, which is a form of discrimination banned by human rights laws. I hope you did get the message and you can always contact me directly at glennd@bongarde.com if you’ve been waiting more than a couple of days for a response. Thanks.
I apologize for the delay. Two weeks should never happen. In future, feel free to email me directly at glennd@bongarde.com if you’ve waited more than a few days for an answer. Having said that, I’m not sure how to answer your question, because I’m not sure what you’re asking. By “service awards,” do you mean termination notice or vacation entitlement under employment standards laws? If so, the answer depends on your jurisdiction. If you can clarify, I promise to give you an immediate response. Glenn
in reply to: Answer for British Columbia #87267Topics sensitivity training should include:
Presumably, the employee already HAS received harassment training since you’re legally required to train all employees on harassment as soon as possible after they start work. If he/she hasn’t received such training, shame on you; if he/she has received such training and still committed harassment, shame on him/her. If you’re going to let the employee stick around, you better provide enhanced harassment sensitivity training that’s deeper and more intense than the standard training provided to all employees. Such training should include:
*What harassment is and is not
*Different forms of harassing conduct, including practical examples and factual scenarios taken from case law, news and media accounts
*Why harassment is harmful to individuals and the organization
*Employees’ right to harassment free workplace
*Sexual, gender identity, sexual orientation, religion and the other grounds for harassment–including the one the employee committed it
*OHS harassment requirements
*Human rights harassment requirements
*The provisions of your organization’s harassment prevention policy, including how complaints are made, investigated and resolved, including via discipline
*Privacy protections in place for harassment investigations
*The legal rights of employees who get harassed, including complaining to company and/or OHS officials and bringing discrimination complaint if harassment is based on race, sex, religion or other protected groundsHope that helps.
in reply to: Answer for Contract Expired #87266You can terminate an employee any time you want. The question is whether you have just cause to do so. If not, you have to pay the employee termination notice and other amounts due under the ESA. Exception: Termination notice isn’t required if the employment was probationary, lasted less than the necessary 3 months and you terminate the employee for lack of suitability. I can’t really tell you anything more than that without knowing more about the facts of the case. Feel free to contact me at glennd@bongarde.com, if you want to follow up.
Guess what? Alan sent a little more. Here you go. Just to be clear, the 2nd ROE just has to amend the reason for leaving.
The answer is number 3. So reports our payroll expert, Alan McEwan.
The answer is number 3. So reports our payroll expert, Alan McEwan.
Have you investigated the complaint? If not, you need to do so. The investigator should be qualified and experienced in investigating harassment complaints and also be impartial. Can’t be somebody with a stake in the case.
You’re welcome. Good luck and feel free to contact me directly if you have any further questions. Would also appreciate your letting me know how things turn out when the dust settles. glennd@bongarde.com
in reply to: Answer for URGENT Query #87260Sorry to keep you waiting but this just arrived. From Alan:
Sorry, but yes overtime weeks in BC are calculated on a Sunday to Saturday basis, and this is not affected by an averaging agreement.
In other words, the averaging agreement can not average work hours starting on October 28, 2020, which is a Wednesday.in reply to: Answer for URGENT Query #87259Still waiting, Najia. I hope to hear from Alan before the day ends. Will keep you apprised.
Every situation is different. But let me outline an approach you can use to judge the fairness of the penalty:
Do you have a progressive discipline policy? If not, does your harassment policy specifically provide for discipline and include suspensions? If so, you should be able to suspend the employee if he/she committed a clear violation and the penalty is consistent with your policy. If you don’t have a policy, do you have documentation of discipline imposed on other employees for committing similar violations? If so, is 2-days suspension consistent with those previous incidents?
You also need to keep in mind other aggravating and mitigating factors in determining the appropriate discipline such as whether this is a first or repeat offence, the employee’s position–the higher the position, the more you’re entitled to expect from him/her, his/her remorse and willingness to accept responsibility, whether the conduct was provoked, etc.
Hope that helps. Glennin reply to: Answer for URGENT Query #87257I’ve relayed your question to our payroll expert, Alan McEwen and asked him to assign it a top priority. I don’t know of his current availability but he usually responds quickly. I will keep an eye on the “wire” and relay his response the moment I receive it.
in reply to: Answer for Pandemic Related Paid Sick Day #87256Couldn’t find a lot and what I did find was mostly from US and based on the Federal Family Coronavirus Response Act legislation. But take a look and maybe you’ll find something useful in these sources. Glenn
http://www.queensu.ca/humanresources/policies/time-away/sick-leave
https://ccao.org/wp-content/uploads/County-Advisory-Bulletin-Sample-Temporary-Emergency-Paid-Sick-Leave-Policy.pdf
https://humanresources.uchicago.edu/fpg/policies/500/p529.shtml
No, but there are some definite parameters on how to conduct an interview. Here’s something from one of the best sources I know of. https://gbewbenefits.com/conduct-harassment-investigation/ to see the entire set of guidelines.
General Rules for Interviewing Witnesses
When interviewing witnesses, the interviewer should:- Prepare an outline of questions to ask.
- Maintain a professional demeanor.
- Determine the extent of personal, as opposed to hearsay, knowledge.
- Ask open-ended questions rather than leading questions. For example, do not ask the leading question, “Did he tell offensive jokes?”; instead, ask the open-ended question, “What did he say?”
- Ask follow-up questions to ensure sufficient detail is gained from the interview.
- Ask for supporting evidence (i.e., photos, emails, calendar entries).
- Note whether a witness refuses to review or sign a written statement and reasons given for refusal.
- Consider sending witness a follow-up “thank you” letter stating that the employer intends to maintain privacy and enforce its anti-harassment policy, which simultaneously creates a documented record of the employer’s intent.
Interviewers should not:
- Intimidate witnesses.
- Promise absolute confidentiality. Witnesses should not be told that their statements will be kept off the record because complete confidentiality can never be assured and a written record of the recollection of witnesses may be essential in any resulting proceedings.
- Ask leading questions, because leading questions do not allow the witness to provide their own facts. Rather, the interviewer should ask open-ended questions, such as, “How did you respond to his statement?”; not, “Did you tell him that his statement made you uncomfortable?”
Complainant Interview
At the outset, the complainant(s) should be advised of the following:- The company takes reports of wrongdoing seriously and will investigate thoroughly.
- Confidentiality will be observed to the extent practical to protect everyone’s privacy.
- Retaliation for making a report of misconduct or harassment is forbidden by the company.
- The complainant must immediately advise the investigator or human resources (or any other alternative) of any perceived retaliation or of further incidents of misconduct or harassment.
During the interview, the interviewer should:
- Be sensitive to the issues being raised.
- Get a description of each incident, including date, time, place, and nature of conduct.
- Identify any witnesses to the alleged incident(s).
- Identify any other persons who may claim to have been harassed.
For each incident, the interviewer should:
- Ask whether there is any documentation that constitutes or records the harassment.
- Ask whether the complainant has discussed the incident with anyone else.
- Determine and record limits, if any, of the complainant’s cooperativeness.
- Determine the complainant’s reason for delay, if any, in reporting the alleged harassment.
- Consider asking what the complainant would like to see done to ensure that problem does not recur.
- Determine if the conduct has any effect on the complainant, but do not suggest any effects such as emotional damage, trouble sleeping, or other effect.
- Explore need for any interim action while the investigation is pending.
- Consider whether to prepare and ask (not demand) the complainant to review, correct, and sign a written account of the allegations after the interview, bearing in mind that asking for statements can be risky and can backfire. (Make a note if the complainant refuses to review or sign a written statement and the reason(s) given for refusal.)
- Consider whether to document procedural aspects of initial interview to make record of employer’s policy, concerns, and commitment to follow through.
- Provide the complainant with a record of the interview upon request.
Alleged Wrongdoer Interview
At the outset, the alleged wrongdoer should be advised of the following:- The purpose of meeting is to ask about allegations of workplace conduct.
- Prior to the meeting, no conclusions have been reached.
- The interview is the alleged wrongdoer’s opportunity to provide their version of the facts at issue.
- Full, truthful cooperation is expected of everyone involved in the investigation.
- The alleged wrongdoer is prohibited from interfering with the investigation (for example, by talking with other employees about the allegations or the subject matter of the complaint).
- Any retaliation is forbidden, regardless of whether the allegations under investigation are proven false. Alleged wrongdoers should be informed that all types of retaliation are forbidden, including the following:
- Demoting, transferring, or dismissing the complainant or any employee involved in the investigation.
- Providing negative evaluations of the complainant or any employee involved in the investigation.
- Verbal misconduct.
- Denial of overtime or any other job benefit to the complainant or any employee involved in the investigation.
- Rebuking or rebuffing the complainant or any employee involved in the investigation.
Interviewers should be mindful that the source of the information about the alleged wrongdoer need not be disclosed. During the interview, interviewers should:
- Begin with general description of allegations and ask open-ended questions to obtain narrative responses.
- Identify each alleged improper statement or action in detail and allow the alleged wrongdoer the opportunity to respond to each incident.
- Explore any working and personal relationship between complainant and alleged harasser.
- Identify the relationship of the alleged wrongdoer to the complainant, for example, whether the alleged wrongdoer is an agent of the company, a supervisory employee, a co-worker, or a non-employee.
- Ascertain the extent and nature of the interactions the alleged wrongdoer had with the alleged victim. For example, determine whether:
- Gifts, cards, or notes have been exchanged.
- There has been a dating, sexual, social, or working relationship.
- The complainant initiated or participated in any sexual discussions, jokes, or gestures.
- The complainant ever indicated any displeasure with anything the alleged wrongdoer said or did, or whether the complainant asked the alleged wrongdoer to end such behavior.
- Inquire about behavior of complainant and alleged wrongdoer during time surrounding the alleged incident(s).
- Inquire about any other potential witnesses.
- Explore any reasons the complainant may have to be untruthful, for example, a soured romance, work disappointment, job performance, or personal problems outside work.
- Provide the alleged wrongdoer with an opportunity to provide alibis or mitigating circumstances.
- Consider whether to ask for written responses to the allegations.
- Note if alleged wrongdoer refuses to provide or sign a written statement and reasons given for refusal.
- Consider whether to document the initial interview in order to make a record of employer’s advisory against retaliation and other aspects of employer’s desire to be fair and preserve privacy while taking complaints of harassment seriously.
Interviewing Witnesses
At the outset, interviewees should be advised of the following:- The purpose of the interview is to investigate a complaint of misconduct.
- Full, truthful cooperation is expected of everyone involved in the investigation.
- There will be no retaliation for cooperating in the investigation.
- The witness has the right and duty to report any perceived retaliation.
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Hope that helps. Glenn -
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