This week I gave a presentation on diversity issues to the Toronto City Summit Alliance DiverseCity Fellows. The program is focused on fostering the development of civic leaders within the Greater Toronto Area (GTA). A common question raised by the group during the presentation was how an organization can balance the challenge of fostering diversity while minimizing the risk of conflict within the workplace. Many individuals were particularly concerned with what appeared to be a growing trend of conflict within the workplace which appeared to be manifesting in various ways, not the least of which was a rise in human rights claims. The answer to this question is, in many ways, as complex as the problem itself. Employers can, with the right tools and through the utilization of a multi-pronged strategy, rise to this challenge.

Clear communication with employees, for example, can help to foster both tolerance and a sense of camaraderie among employees. Carefully drafted workplace policies which lay out acceptable workplace practices, including expectations of respect within the organization, can also help to promote a positive organizational culture. Employers should also strongly consider establishing well-designed procedures for managing conflict which may arise within the workplace, including incidences of alleged harassment and/or discrimination. A concerted effort should also be made to ensure that these policies are applied in a fair and consistent manner. Such a comprehensive approach can help to ensure that employees have confidence in both workplace practices and processes and promote an inclusive culture in which all employees feel a sense of ownership.

What should be the ultimate goal of promoting diversity in the workplace? A workforce that focuses not on differences between individuals but rather one that works in collaboration to produce the best results for the good of the organization.

Sharaf Sultan

As Janice and I prepare for the Teleseminar on Bill 168 on April 8, 2010, I’ve come to realize that although the legislative amendments to the Occupational Health and Safety Act demonstrate the importance of addressing violence and harassment in the workplace, the amendments do not provide universal guidelines on how to do that.

As lawyers, we are tasked with guiding our clients to ensure compliance with legislative guidelines. Given that there is limited information in the legislation, employers must ensure that their workplace is properly evaluated and policies are properly crafted to address the needs and risks of the specific workplace. For example, it is becoming more and more apparent how company-specific risk assessments need to be. We must look at the physical features, social environments and policies and procedures which exist in each workplace to determine the best approach to conducting a risk assessment. In other words, there isn’t a set way to conduct a risk assessment.

The date that the amendments come into force is creeping up (June 15, 2010). If you haven’t yet begun to look at ensuring compliance in your workplace, the time to begin is now.

Hena Singh

Many employers have struggled to promote diversity within the workplace, particularly within the upper ranks of an organization. I am currently taking part in a program which I believe is an excellent model for those organizations seeking to maximize the opportunity which diversity presents. It is called the DiverseCity Fellows program, a one-year, action-oriented program aimed at developing leadership skills among a group of approximately 25 chosen professionals of diverse backgrounds across the GTA. The program includes a range of workshops on leadership development, diversity, and civic awareness. The group of Fellows is just as diverse as the GTA itself. One particular aim of the project is to facilitate the exchange of ideas between individuals of varying backgrounds. The ultimate aim of the program is to create a pool of talented potential leaders of diverse backgrounds who are ready to take on various roles.

The program provides a useful template for other organizations that are contemplating how to stimulate creativity and foster a pool of talented leaders. The DiverseCity Fellows program demonstrates that it is possible to pursue diversity and excellence in performance at the same time. The ultimate aim of any such program should be not only to hire individuals from diverse backgrounds, but more importantly to ensure that their skills and unique perspectives are effectively utilized. Through such an approach, employers can better realize the substantial returns that come with an investment in diversity.

Sharaf Sultan

The passing of December 31 causes many of us to consider resolutions for the New Year. What will we do differently? How will we behave better? What will change?

As employment lawyers, if we could suggest our top 5 resolutions for employers and employees for 2010, they would be:

1. Prepare written employment contracts for every employment relationship.
The good news is that we’re beginning to see people being hired again. As lawyers, we will always tell you that the way to enhance certainty in the relationship is to ensure that everything that was discussed at the beginning finds its way onto paper.

2. When writing those employment contracts, think about post-employment restrictions.
Both employers and employees should think about whether there is a need for restrictions on what an employee does (competes/solicits) after the employment relationship ends. Now is the time to set this out – not later.

3. Continue to exercise care in the termination process.
For the most part, companies seemed mindful of engaging in sensitive terminations throughout the 2009 recession. We encourage the continuation of this practice even if the number of terminations drops in 2010.

4. Pay particular attention to issues of harassment and bullying in the workplace.
Pending legislative changes in Ontario mean that employers need to be addressing bullying and violence in the workplace. Residual stress in the workplace caused by the fallout of the recession may also mean a rise in this type of behaviour.

5. Be aware of changes to the Ontario litigation system.
Changes which come into effect on January 1, 2010 are hoped to bring better access to justice and a quicker resolution of employment matters for all.

From all of us here at RT LLP, we wish everyone a very prosperous and happy new year!

Christine M. Thomlinson

Bill 168, which amends Ontario’s Occupational Health and Safety Act with respect to violence and harassment in the workplace, passed third reading yesterday.  It is anticipated that it will receive Royal Assent in the next couple of days.  It will come into force 6 months after it receives Royal Assent. 

Once in force, the legislative changes will impose several obligations on employers to conduct risk assessments, and develop and implement policies and programs, in an effort to reduce the incidents of violence and harassment in the workplace.

While 6 months may seem to be a long time to prepare for the Bill to come into force, employers should strongly consider conducting their risk assessments, policy and procedure drafting, and training and implementation as soon as possible as these can be lengthy and time consuming processes.  Employers who leave these items to the last minute may find themselves in non-compliance with the law come mid-2010.  The Occupational Health and Safety Act indicates that corporations that are in non-compliance with the Act can face penalties, including significant fines. 

Hena Singh