Since 2020, remote and hybrid work models have introduced new challenges around the employer’s ability to monitor and workplace behaviour. Misconduct continues in virtual environments like Zoom, often in new forms that employers may find difficult to address.
Misconduct Happens Online Too
It may feel more casual to work from home, or that the expectations for in-office work don’t apply. However, the same professional standards that apply in the office also apply online. Being behind a screen does not exempt employees from workplace expectations.
Misconduct on virtual meeting platforms can take many forms. Misconduct can range from overt behaviour like discriminatory remarks to more subtle actions such as exclusion in chats, or during meetings, or sending inappropriate jokes or memes.
Why Does this Matter?
We acknowledge that it is difficult to ensure staff feel appreciated and heard in a virtual environment. It can sometimes be more work and time to ensure that this feeling of psychological safety is nurtured, promoted and maintained for all employees. This requires thoughtful effort in order to increase employee engagement, morale and retention.
Why is this a Risk to the Business?
Employers have a legal obligation to maintain a safe, respectful, and harassment-free workplace. This duty does not end with the transition to remote work. The Occupational Health and Safety Act (OHSA) and the Human Rights Code still apply even when the misconduct occurs online.
Failing to address inappropriate behaviour in a virtual environment can expose employers to more than just reputational damage. Complaints may lead to Ministry of Labour investigations, human rights complaints, or even constructive dismissal claims if an employee feels the workplace has become hostile or intolerable.
How to Address Online Conduct
In order to be legally compliant, and ensure your staff have guidance, written policies around conduct and expectations are best. Relying on workplace culture is rarely sufficient, especially when complaints or issues arise.
Employers need workplace policies that cover the virtual environment, clearly outlining expectations and unacceptable conduct. It is essential to communicate these policies and train managers on enforcement. Have an employee handbook or manual that provides clear direction around expectations, and how to deal with situations that make employees feel uncomfortable or unsafe. For example, who do they report issues to? Does your workplace have a whistleblower complaint procedure?
Any complaints should be investigated and documented with the same diligence as in-person issues. Employers should not discourage employees from raising issues if they feel harassed or unsafe as this can create a liability for the business. Deal with issues promptly and with fairness to all parties involved. If you are tasked with conducting an investigation decide whether it can be competently carried out by someone internally or if the situation requires an external and neutral third party to investigate.
How Can We Help?
Our team at Greenwood Law will help Ontario employers update policies, investigate virtual misconduct, and navigate legal risks in remote work. Contact us today.
