Kim Squires , B.A., B.Ed, M.B.A., CHRP Director Human Resources Saint Mary’s University

1. Resolution of Workplace Conflict A Legislated Approach as Compared to a Proactive and Preventative Approach

2. Kim Squires, B.A., B.Ed, M.B.A., CHRP Director Human Resources Saint Mary’s University Halifax, Nova Scotia Bridget Brownlow, B.A, Con.Res.Cert Conflict Resolution Advisor Saint Mary’s University Halifax, Nova Scotia Tara Erskine, B.A., LL.B, CHRP Partner, McInnes Cooper Purdy’s Wharf Halifax, Nova Scotia

3. Today’s presentation will focus on the following areas: • A review of legislation across Canada • A comparison between a legislative approach and a proactive approach • Supporting criteria for the introduction and implementation of conflict resolution services • Organizational Conflict: Causes & Impact • Informal Resolution of a Complaint • Formal Resolution of a Complaint • Challenges • Question and Answer

4. Legislative Approach • Quebec is the only province in Canada that prohibits psychological harassment in the workplace with legislation • Other provinces such as Ontario, Nova Scotia, Saskatchewan and Alberta have legislation relating to Workplace Violence or Occupational Health and Safety that may serve to protect against some instances of workplace bullying • In September 2003 a bill regarding psychological harassment in the workplace was introduced to the House of Commons but was later defeated • There remains an interest at the Federal level of passing legislation against workplace bullying, as was noted in a 2006 report by Human Resources and Skills Development Canada

5. Quebec Legislation on Psychological Harassment • Quebec’s legislation against psychological harassment in the workplace came into effect in May, 2004 • This legislation is the first of its kind in North America • Psychological harassment is defined as: “Any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures that affect an employee’s dignity or psychological or physical integrity and that results in a harmful work environment for the employee”. • Examples of suggested forms of psychological harassment that would fall under this legislation are: rude, degrading, or offensive remarks, intimidating gestures, discrediting the employee, belittling the employee, and isolating the employee

6. Quebec Legislation on Psychological Harassment • The goal of the Quebec Labour Standards Commission has been to resolve 95% of complaints by informal negotiation • Quebec employers have been challenged by employees using this legislation as a means to retaliate against the employer • Quebec employers required to provide employees with negative performance appraisals have been accused of psychological harassment • The boundary between bad management and psychological harassment is difficult to distinguish with the Quebec legislation

7. Common Law Obligations • The Common Law implies in every employment contract that: “The employer will treat the employee with civility, decency, respect and dignity.” - Lloyd v. Imperial Parking Ltd. (Alberta LR) • There is also a duty to prevent an employee from being harassed by other co-workers: “An employer’s failure to prevent the harassing behaviour of an employee by co-employees … has been held to be capable of amounting to constructive dismissal.” – Stamos v. Annuity Research & Marketing (Ont, SCJ)

8. Common Law Obligations • Arbitral tribunals have also determined that differential treatment may become “personal harassment.” In Toronto Transit Commission v. Amalgamated Transit Union (Ont Arb), the employer was held liable for $25,000 in damages for harassment by treating an employee differentially. • Liability in the University context

9. Common Law Responsibilities and Liabilities • Responsibilities: • Duty to ensure fair, civil, decent, and respectful treatment of employees • Duty to ensure work environment does not become hostile, embarrassing, or forbidding • Work environment is conducive to employee’s health and well-being • A breach of these responsibilities may lead to… • Liabilities: • Constructive dismissal damages • Tort damages relating to emotional harm suffered • Special damages relating to any other economic losses

10. A Proactive Approach to Limiting Liability • Assess the Situation • Perform an assessment of your workplace and determine what action must be taken to ensure that it is an environment that is civil, respectful, and decent towards all employees • Training and Education • Develop and implement training programs for employees, supervisors, and managers • Ensure that employees are aware of their right to a civil, respectful, and decent work environment • Ensure that supervisors and managers are aware of their responsibilities of providing a civil, respectful, and decent work environment • Policy Development and Implementation • Develop and implement a policy concerning harassment in the workplace which outlines employee rights and employer obligations

11. Conflict Management at Saint Mary’s University

12. Introduction • Saint Mary’s University first introduced internal conflict management services in 2004 • To date the program has proven to be very successful having provided consistent and timely conflict resolution support to students, faculty and staff

13. Support for Conflict Resolution at SMU Policies • In 2005 the University Board of Governors and Executive Management Group unanimously approved “The Policy on the Prevention and Resolution of Harassment and Discrimination” • “Violence in the Workplace: Prevention and Response” (2006) Programs • Partners Against Racism (PAR) • Remembrance and Action on Violence Against Women • Peer Mediation in Student Residence • Students for Teaching Peace • Saint Mary’s Conflict Management Programs (Professional and Executive Development) • Saint Mary’s Department of Athletics anti-bullying campaign • Extensive training in conflict resolution offered on a regular basis to students, faculty and staff • Peaceful Schools International

14. Support for Conflict Resolution at SMU (continued) Facts • Effective conflict resolution programs reduce costs associated with poorly managed conflict by 50% - 80% (Karl Slakieu and Ralph Hasson. "Controlling the Costs of Conflict". San Francisco:Jossey-Bass, 1998) • For more than 10 years conflict resolution training has been afforded to many elementary, junior high and high school students locally, regionally and nationally. • Under the Public Services Modernization Act (Bill C-25) legislated all federal workplaces to develop and implement interest-based conflict management programs • Between April 2004 – April 2006 the conflict resolution program has assisted in the facilitation and successful resolution of 26 student related conflicts, 45 faculty related conflicts and 23 staff related conflicts. One multi-party formal complaint was also ultimately resolved through conflict resolution.

15. differing expectations competing goals conflicting interests conflicting values role confusion organizational change unsatisfactory interpersonal relations skill deficits psychopathology confusing communications unresolved prior conflict lack of conflict management options scarce resources malicious intent Organizational Conflict: Causes

16. Organizational Conflict: Impact • low morale • increased absenteeism • increased sick leave • increased use of grievance procedures • increase in legal fees • sabotage • work to rule

17. The Cost Equation

18. Organizational Conflict Four Conflict Management Options (within organizations) • Avoidance • Power Play / Force • Higher Authority • Collaboration

23. Informal Resolution of a Complaint • Rationale • How is the informal resolution procedure started? • What is the role of the Conflict Resolution Advisor or other individuals receiving the complaintin the informal resolution process? • What is the procedure for informal resolution through conflict resolution?

24. Informal Resolution of a Complaint (continued) • How long is this process? • What are the possible outcomes? • What happens if an agreement of resolution is violated? • What if the informal resolution process is unsuccessful? • What are the exclusions from the informal resolution procedure?

25. Formal Resolution of a Complaint Prohibited Grounds of DiscriminationNova Scotia Human Rights Act • Race • Ethnic, national or aboriginal origin • Family status • Marital status • Source of income • Political belief, affiliation or activity • An irrational fear of contracting an illness or disease • Colour • Age • Religion • Creed • Sex • Sexual orientation • Physical disability or mental disability

26. Challenges for Saint Mary’s University • Communication and dissemination of information on workplace harassment can be challenging in a large institution • Resistance to new initiatives / organizational change is challenging for some students, faculty and staff • Consequences for psychological harassment are not backed by provincial / federal legislation • Recognition that it can be very difficult to prove allegations of psychological harassment • Viability of the formal process

27. Questions and Discussionhttp://www.smu.ca/administration/hr/documents/Harassment_policy.pdfhttp://www.smu.ca/administration/hr/documents/ViolenceintheWorkplacePolicyFinal-ApprovedbyEMG29Mar06.pdf