Over the past few years, the message has been loud and clear: workplace bullying, harassment and sexual harassment is unacceptable and will not be tolerated. It does not matter whether it is your colleague, your manager, or the owner of the company; if you are being harassed, you need to do something about it.
A proper investigation must be conducted in order to assess the veracity of any complaint or suspicion, so that appropriate action can be taken. In some instances, that may involve addressing false allegations of harassment. While cases such as these are rare, we have seen employees confusing managing with bullying, and others making strategic false allegations.
Unfortunately, some employers are overly zealous when penalizing harassers, and don’t take the time to confirm that allegations are true before taking action. Employers have a duty to investigate all harassment claims before taking disciplinary measures. Implementing effective policies is crucial to ensure that there is a process in place to deal with harassment claims if and when they appear.
How we can help
There are solutions, and the law is evolving to provide even more protection. At Rudner Law, we stay on top of the law so that we can give you the strategic advice that you need.