Legal news and trends for Canadian in-house counsel and c-suite executives
Issue link: https://digital.canadianlawyermag.com/i/1132207
29 CANADIANLAWYERMAG.COM/INHOUSE JULY/AUGUST 2019 programs that help unblur some of the grey areas for employees and a process that is not seen as an obligation that must be completed. "Mandatory courses are not very helpful," says Hulton. "People tend to multi-task while taking them. The best way to do this is in small groups. "The most important thing is getting the conversation going," adds Hulton. Those leading the training sessions can use examples to start a discussion among co-workers, but it will be more effec- tive if they are able to interact with each other about various workplace scenarios. "Often, the confusion comes from igno- rance. What is acceptable in one setting may not be in another," says Hulton. Lisa Cabel, a partner at Norton Rose Ful- bright Canada LLP in Toronto, says updat- ing any training or policies already in place should be part of risk mitigation internally. "The past couple of years has motivated companies to update what is potential ha- rassment," she says. As well, "unconscious bias" should be included in employee train- ing, she adds. "Individuals may not be aware that their conduct is inappropriate and they are unlikely to self-identify," says Cabel. While it is not always the case, Bingham agrees that employees may genuinely be unaware of the impact of their conduct. "Good people can do bad things," she notes. The goal in training, she says, is to develop an outlook that helps employees be - come more self-aware. "The training that we do we call respect at work. It is really about being mindful and recognizing that we all want to feel comfort- able and respected," says Bingham. Role playing and other in-person interac- tions are the most effective ways to increase employee awareness, she says. "You have to show what it looks like in person and what the impact is on the other person," says Bingham. "There has been some pushback that this is all going too far, but what I have found in training is that people are eager to have this information." David Edinger, a colleague of Samuels at Singleton Reynolds, says effective workplace training in the current climate requires some flexibility. "These days, it is not about training to a certain set of rules — a Ten Command - ments of sorts. You need to train a way of thinking. And this is best done in person. There have to be discussions," says Edinger, a partner in the firm's professional liability law group. Sometimes, the training can be brought home through common-sense examples. "If you would not want someone to make that kind of comment to your daughter, then do not say it to a female employee," Edinger says. The receptiveness to implementing prop - Canadian Employment Law Stacey Reginald Ball More than 7,000 cases cited Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada, and is used in law schools throughout Canada. The eBook* version is available through your web browser, or can be downloaded to your computer, tablet, or smartphone. Learn more at store.thomsonreuters.ca/ proview. *eBook not available to trade bookstores, third-party distributors, and academic institutions. Available risk-free for 30 days Order online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Also available online on WestlawNext® Canada EmploymentSource™ © 2018 Thomson Reuters Canada Limited 00255NF-A95033-CM Print+ProView eBook* Order # L95983-65203 $537 2 volume looseleaf supplemented book Anticipated upkeep cost – $480 per supplement 4-6 supplements per year Supplements invoiced separately ProView eBook* only Order # L95984-65203 $505 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Referrals on behalf of employees and employers respected all_CL_Mar_12.indd 1 12-03-13 2:27 PM