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- Workplace Restoration: Managing the Aftermath of Harassment in the Workplace
Workplace Restoration: Managing the Aftermath of Harassment in the Workplace
- Employer advice
Charlie Herrera Vacaflor, Employment Law & HR Content Senior Consultant
(Last updated )
Charlie Herrera Vacaflor, Employment Law & HR Content Senior Consultant
(Last updated )
Running a successful business requires several elements coming together and working harmoniously to create a productive environment. Employee safety and harassment prevention is a critical element for achieving this balance. Unfortunately, there are times when due to harassment, bullying or discrimination, this harmony is disrupted. These incidents may require the use of workplace restoration.
What is workplace restoration?
Workplace restoration or “restoring the workplace” is a workplace conflict resolution process that aims to re-establish balance within a team or amongst individuals following a harassment complaint or incident. The process specifically considers the emotional effects and possible fallout employees may experience after such an incident.
This includes:
Broken relationships both within and outside the workplace
Stress from workplace harassment, organizational changes, and/or uncertainty
Feelings of distrust and anger towards other employees, management, and/or
supervisors regarding the handling of the situation
Reduced productivity or other issues stemming from a damaged team dynamic and/or loss of personnel
Workplace restoration creates a non-confrontational atmosphere for employees to express their feelings on the incident. It also assesses the underlying causes and appropriate tools needed for workplace conflict resolution.
What are the steps for resolving workplace harassment claims?
Violence prevention in the workplace is the responsibility of employers, regardless of the province they operate in. Each province has its own protocols for reporting harassment in the workplace. There are however, two main ways for resolving harassment complaints: an informal resolution process or a formal resolution process.
The informal resolution process
The informal resolution process is effective for cases where the parties involved are willing to participate in dialogue for resolution. It encourages a collaborative problem-solving approach and provides the opportunity for both parties to be heard.
However, this method is ineffective if the parties involved are unwilling to participate in the process.
Additionally, if it seems the issue will take longer than the prescribed 12-month time limit as ordered under the Directive on Harassment Complain Process, parties may move to file a formal written complaint.
The formal resolution process
If the informal resolution process is unfruitful, a formal complaint may be issued by the complaining party or parties within the 12-month time limit. To do this, they must:
File a written complaint with the person in the workplace responsible for managing harassment complaints
File a grievance
If the allegation is based on one of the prohibited grounds under the Canadian Human Rights Act, a complaint must also be issued to the Canadian Human Rights Commission
How can employers restore a safe work environment after harassment incidents?
Workplace restoration isn’t always a simple process. However, employers can simplify the process by following these steps:
Having a harassment policy in place and making it accessible to employees
Leading by example by setting a standard of respect and accountability
Putting proactive measures in place to prevent possible incidents of harassment and bullying
Addressing incidents that are reported, whether formally or informally, promptly and confidentially to prevent escalation and minimize office gossip
Ensure proper documentation and record keeping of the reported incident(s)
When should employers conduct a workplace restoration process?
The workplace restoration allows for damage control following the negative impact of a harassment or discrimination investigation. For example, colleagues involved as witnesses may feel uncertain due to not knowing the outcome, while the larger group might experience confusion and a loss of trust from the incident.
This can lead to anxiety, decreased morale, and reduced productivity within the work unit. Additionally, working relationships could suffer from gossip or alliances, and disruptions may occur from changes in personnel, roles, processes, and workload during or after the investigation.
The workplace restoration process allows employers to conduct a multi-party mediation,
rebuild trust, provide training around the conflict resolution process, implement
improved communication processes, and clarify policies and supports.
It is also a useful tool for addressing the impact of unresolved conflict and/or toxicity and create conditions for a healthier and
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psychologically safe workplace
environment.
Workplace restoration may also be conducted as a proactive measure when an employer becomes aware of signs of negative narratives, informal complaints, prolonged interpersonal conflict/gossip, or negative references about the workplace being “dysfunctional” or “toxic.”
What does a workplace restoration process involve?
Generally, a workplace restoration process may be conducted in five stages:
• Communication with the employee’s managers (determine purpose and scope).
• Communication strategy with the workforce (open & transparent communication with
the parties involved – address expectations, ensure confidentiality, promote participation).
• Workplace assessment (not an investigation, but a process to identify factors and their
impact on employees and management).
o The assessment may involve a:
▪ Workplace survey (to gather information)
▪ One-on-one interviews (to collect worker perspectives or impressions
about workplace culture)
▪ Facilitated group discussions (to identify shared issues/concerns).
• Development and implementation of the workplace restoration plan
o Review and analyze information gathered
o Prioritize issues and act on what required immediate action
o Develop a restoration plan and a course of action
o Engage with workforce leadership and employees
o Implement restorative actions (training, mediation/counselling/coaching,
operational changes, performance management)
• Post-restoration follow-up
o Assess whether restoration has been achieved
o Follow-up with involved parties
o Determine additional measure where needed
o Where appropriate, arrange for ongoing check-ins
o Evaluate the need of an additional process (mediation, workplace investigation)
Do you need help with your workplace discipline and harassment policy?
Having a thorough workplace harassment policy in place and accessible for employees is a crucial step for protecting workers from harassment. Avoiding legal claims relies heavily on understanding procedures in the event that a harassment complaint is made.
If you need help creating a harassment policy or dealing with any other HR or health & safety issue, contact Peninsula for help. Our expert advisors are available 24/7 to address any concerns you may have. Call us today at
1 (833) 247-3652.
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