Businesses of all sizes benefit from having solid HR policies in place to effectively manage workplace conflict. Well-drafted policies not only help establish the culture and expectations of a business, but also help ensure consistency and legal compliance. On the contrary, a poorly drafted policy can make a situation worse than having no policy at all.
The question for most managers and business owners is: How do I make sure HR policies are working for the good of the business, and are meeting the unique needs of the company and its staff?
In some cases, HR policies are required by statute. In Ontario, for example, the Occupational Health and Safety Act requires employers to have a policy outlining how the employer will deal with complaints of violence and/or harassment. The Ontario Ministry of Labour released a Code of Practice providing guidance to employers on what should be included in their violence and harassment policies.
While this guidance is helpful, it only assists employers in crafting a basic policy that meets statutory requirements; it does not tell an employer what other policies might be beneficial, or what other additions to a harassment and violence policy could assist in managing complaints when they arise. To discuss in detail what policies could be useful for your unique business, reach out to the HR experts at Bridge Legal and HR solutions.
Some general considerations that employers should keep in mind when drafting and/or updating their policies are:
What kind of policy or policies do you need?
While in Ontario a harassment and violence policy/program is mandatory, additional policies can be put in place in order to ensure that the expectations and culture of the organization are clear. For example, many employers find that a Code of Conduct and/or Civility policy is a good way of underscoring the workplace culture that they want to cultivate. While preventing and addressing acts of harassment and violence in the workplace is essential, it can also be beneficial to have a system in place to address other words and actions that do not rise to the level of harassment, but are still harmful to the workplace environment. These policies can send a message to employees that management is committed to providing the safest and most respectful work environment possible.
Are your policies consistent?
While having other conduct policies aside from a basic harassment/violence policy is beneficial for many employers, it can open the door to contradictions and/or unnecessary overlap between policies. For example, if the harassment policy allows HR to conduct an investigation, and the Code of Conduct allows the President to conduct an investigation, what would happen if someone made a complaint about the same incident to different people under different policies? While it is certainly possible to develop investigation processes under different policies that complement each other, it is important to be thoughtful in drafting policies to avoid confusion when complaints arise.
Are your policies realistic?
When drafting policies, it can be tempting to create the most employee-friendly process possible, to ensure that staff will be able to make use of the complaint process when needed. It is important, however, to think about whether the processes established will be realistic for HR and management. For example, a complaint policy stating that investigations will be completed within five business days has the advantage of reassuring employees that complaints will be dealt with in a timely fashion. However, if the person tasked with conducting the investigation is unable to meet this timeline (for example, due to competing priorities or a particularly complex complaint), then the policy has created false expectations and will cause the employee to have less trust in the process. In some circumstances, failing to meet the procedural steps and timelines outlined in your policies can also have legal consequences. For this reason, providing some “wiggle room” when it comes to timelines under a policy is important, in order to manage expectations and avoid unnecessary litigation.
Drafting HR policies can feel daunting for a number of reasons, but going through the process of updating your policies and drafting new policies as needed can be a valuable way for employers to maintain legal compliance, set behavioural expectations, and manage workplace conflict. Having an experienced professional in your corner can help ensure that your policies will meet your needs and prevent future legal concerns. At Bridge Legal & HR Solutions, we’re here to help. Contact us now at 647-794-5442.
