Resolution of Workplace Conflict
A Legislated Approach as Compared to a Proactive
and Preventative Approach
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
Today’s presentation will focus on the
following areas:
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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
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
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
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
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 coemployees … has been held to be capable of amounting to
constructive dismissal.” – Stamos v. Annuity Research &
Marketing (Ont, SCJ)
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
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
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
Conflict Management
at Saint Mary’s University
Introduction
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Saint Mary’s University first introduced internal conflict
management services in 2004
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To date the program has proven to be very successful having
provided consistent and timely conflict resolution support to
students, faculty and staff
Support for Conflict Resolution at SMU
Policies
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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
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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
Support for Conflict Resolution at SMU
(continued)
Facts
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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:JosseyBass, 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.
Organizational Conflict: Causes
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differing expectations
competing goals
conflicting interests
conflicting values
role confusion
organizational change
unsatisfactory
interpersonal relations
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skill deficits
psychopathology
confusing communications
unresolved prior conflict
lack of conflict
management options
scarce resources
malicious intent
Organizational Conflict: Impact
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low morale
increased absenteeism
increased sick leave
increased use of grievance procedures
increase in legal fees
sabotage
work to rule
The Cost Equation
PREDICTABLE
CONFLICTS
+
WEAK SYSTEMS
=
HIGH COSTS
Organizational Conflict
Four Conflict Management Options
(within organizations)
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Avoidance
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Power Play / Force
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Higher Authority
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Collaboration
Avoidance
Activities:
Decision Making:
Primary Focus:
Primary Outcome:
“Wait and see”
Avoid situation
By chance
Isolation from the problem
Unpredictable
Higher Authority
Activities:
Internal (line of authority)
External (courts, litigation)
Decision Making:
By third/authorized party
Primary Focus:
Primary Outcome:
Right and wrong according to
objective criteria
Win/lose
(lose/lose)
Power Play / Force
Activities:
Decision Making:
Primary Focus:
Primary Outcome:
Political action
Strikes, civil disobedience
Physical force
By force
Power Contest
Win/lose
(lose/lose)
Collaboration
Activities:
Decision Making:
Primary Focus:
Primary Outcome:
Individual Initiation
Negotiation (via direct talks)
Mediation (formal and informal)
Individual initiative: by a party in
light of interests of all parties
For both negotiation and mediation:
by the parties
Integrative solution based on
interests and other facts
Win/win
Informal Resolution of a Complaint
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Rationale
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How is the informal resolution procedure started?
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What is the role of the Conflict Resolution Advisor or
other individuals receiving the complaint in the informal
resolution process?
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What is the procedure for informal resolution through
conflict resolution?
Informal Resolution of a Complaint
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(continued)
How long is this process?
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What are the possible outcomes?
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What happens if an agreement of resolution is violated?
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What if the informal resolution process is unsuccessful?
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What are the exclusions from the informal resolution
procedure?
Formal Resolution of a Complaint
Prohibited Grounds of Discrimination
Nova Scotia Human Rights Act
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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
Challenges for Saint Mary’s University
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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
Questions and Discussion
http://www.smu.ca/administration/hr/documents/Harassment_policy.pdf
http://www.smu.ca/administration/hr/documents/ViolenceintheWorkplace
PolicyFinal-ApprovedbyEMG29Mar06.pdf