An efficient workplace meets regulatory requirements while simultaneously improving morale and productivity. Employees who know their employers care for them become more invested in their jobs and strive harder to keep the company running smoothly.
Unexpected events may arise that require immediate disciplinary action to address. When past criminal offenses become public knowledge, businesses face the daunting task of deciding how best to proceed.
Legal and Ethical Considerations
Employers Ń–n Canada could face discrimination charges under the Canadian Human Rights Act when using criminal background checks tĐľ make employment decisions. Â Similar tĐľ Title VII Ń–n the US, the Canadian Human Rights Act prohibits discrimination based Đľn various grounds, including race, ethnicity, and other protected characteristics.
Disparate impact can occur when a seemingly neutral policy Đľr practice has a disproportionate negative effect Đľn individuals belonging tĐľ a protected group. For example, Ń–f a blanket ban Đľn any criminal record disproportionately excludes individuals from certain racial Đľr ethnic groups, Ń–t could constitute discrimination even Ń–f the employer did not intend tĐľ discriminate.
To minimize the risk Đľf discrimination claims, employers Ń–n Canada should:
- Conduct a job hazard analysis: Identify the specific job requirements and the potential risks tĐľ the workplace.
- Use a tailored approach: Consider the nature and severity Đľf the criminal offense, the time elapsed since the offense, and the specific job duties.
- Avoid blanket exclusions: Instead Đľf automatically disqualifying applicants with criminal records, consider individualized assessments.
- Seek legal advice: Consult with an employment lawyer tĐľ ensure compliance with all relevant Canadian employment laws.
By carefully considering these factors, employers can use criminal background checks responsibly and avoid potential legal challenges while maintaining a safe and inclusive workplace.
Conducting Internal Investigations
As one of the key KPIs of business, providing employees with a safe working environment is of utmost importance. Employees who feel that their employers prioritize their safety are more likely to remain loyal and work harder for their companies. Furthermore, safe environments help save on occupational health costs as well as reduce legal liabilities.
To keep employees safe in your workplace, create policies and procedures to address any potential safety concerns, then regularly train employees on these protocols. Doing this helps foster a culture of safety within your office that reduces accidents, injuries and deaths in the office environment.
After an accident or incident has taken place, it is crucial that an internal investigation be undertaken promptly and thoroughly. This process should involve selecting an investigator and setting methods and timelines for conducting interviews; devising questions intended to elicit pertinent details; developing interview questions designed to elicit information and details; as well as creating a process to retain documents which might later serve as evidence; while also making sure the people conducting this probe can be trusted impartially to conduct an impartial, professional investigation.
Disciplinary Actions
Disciplinary actions should only be used as a last resort once all other avenues have been exhausted. Consultation should take place with both your HRO/HRC and any attorney present (if you have one), to ensure that disciplinary sanctions are proportional to each offense committed, uniform treatment of employees who commit similar offenses is provided and no rights of employees or employment practices liability insurance regulations are violated in doing so.
Any potential disciplinary actions against an employee, such as unpaid suspension or pay reduction, must be recorded in their personnel file. If there is an ongoing criminal case involving them, any disciplinary hearings may need to be postponed until after these proceedings have concluded.
HR departments can prepare themselves to handle these types of situations by creating clear policies and holding regular training and seminars on workplace ethics, legal compliance and off-duty misconduct. Such education demonstrates an employer’s dedication to maintaining a safe and professional working environment while at the same time teaching employees that personal issues may influence their workplace lives.
Maintaining a Safe Workplace
At its core, creating a safe and inclusive workplace environment is the responsibility of both management and employees alike. To promote this culture successfully, open communication between all safety concerns is key for successful operation – this could involve regular inspections or reporting systems or even setting up employee safety committees.
Businesses can also implement health and wellness initiatives to foster a positive work environment, particularly since a healthy workplace increases productivity while simultaneously cutting costs and decreasing employee downtime or absenteeism.
Employees that feel valued and supported by their employers tend to remain loyal, leading to increased productivity. Furthermore, fostering trust between workers and members of the public through workplace safety will benefit both parties long term. Businesses that prioritize workplace safety will enjoy improved business KPIs such as employee satisfaction/retention/cost savings/more robust reputation/and reduced insurance premiums as a result.
In the event Đľf workplace incidents Đľr legal concerns, consulting with experienced Richmond Hill criminal lawyers can provide valuable guidance and ensure compliance with all relevant regulations.
Guest writer
Editor’s note: Legislation differs from country to country so you are advised to familiarise yourself with your local legislation and consult a qualified legal practitioner conversant with the local legislation.
