The document discusses social media in the workplace and how employers can manage risks, including developing social media policies that outline acceptable and unacceptable uses of social media and investigating any misuse. It also covers conducting proper harassment investigations and avoiding common hiring pitfalls such as asking discriminatory questions during interviews.
4. What Is Social Media?
• Social media is a means by which people can communicate and
interact with a worldwide audience via the internet.
• Social Media differs from traditional media in that it allows
participants to shift between the role of audience and author
and can be carried out without any expense or specialized
knowledge.
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5. What is Social Media?
• Common examples of Social Media sites or activities include:
– Facebook
– Twitter
– Flikr
– LinkedIn
– YouTube
– Blogs
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8. Uses of Social Media
• The uses of social media range from the trivial to the
monumental:
– Share photographs and personal updates with friends and
family
– Share personal views on pop culture or political topics with
a general audience
– Make and maintain business contacts
– Market and promote businesses and products
– Organize and coordinate a revolution
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14. Considerations for an Effective Social
Media Policy
• A company’s social media policy should be specifically
tailored to the company’s own concerns, culture, industry,
business strategy and employees.
• The policy should be designed with a mind to head off
problems before they occur and clearly communicate the
employer’s expectations regarding employee’s use of social
media both at work and on the employee’s free time.
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16. Common Elements of Effective Social
Media Policies
• A delineation between acceptable postings and unacceptable postings,
including warnings that employees should not engage in certain types of
conduct such as:
• Disclosure of company secrets, confidential, private or internal
information
• Workplace gossip
• Posting racially or sexually offensive language or graphics
• Disparaging the employer, coworkers, vendors or customers
• Participating in conversations or postings that are inconsistent with
company objectives or ideals
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24. When and Why Investigate?
• Courts, arbitrators and tribunals recognize that allegations of
harassment or serious misconduct have significant impact on
employees and that employees have a right to hear and
respond to allegations against them before a decision that will
have significant impact on their employment is made.
• Adjudicators impose an obligation on the employer to conduct
a fair and effective workplace investigation.
• There is potential liability if an employer either fails to conduct
a workplace investigation or botches the investigation.
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26. On Receiving the Complaint
• Review the applicable policy and any applicable collective
agreement to ensure compliance
• Treat the complaint seriously and promptly
• Ensure you understand the complaint ‐ Solicit additional
details, if required
• Consider whether or not to proceed if the complainant cannot
or will not participate
• Defuse workplace tensions pending investigation
• Recommend EAP
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30. Develop the Procedural Script
• Complaint filed
• Authority for investigation
• Allegations taken seriously, full cooperation expected and
required
• Outline process for collecting evidence
• Deal with recording of evidence/interviews and/or
representation issues
• Cover importance of confidentiality, respect for integrity of
process, no reprisals
• Warn as to consequences of interference and retaliation
• Address timeline and temporary measures, if any
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32. Interview the Respondent and Witnesses
• Inquire with respect to all material allegations, with
particulars, but do not provide the complaint itself
• Encourage any questions or clarifications
• Document the response: witness statement signed and dated;
address concerns for corrections / changing evidence vs.
clarifications
• Inquire as to witnesses
• Repeat warnings regarding confidentiality and non‐
interference
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36. Overview
• Interviews: What you can and cannot ask
• Pre‐Employment Testing & Checks: What tests and checks can
and should you be conducting?
• Employment Contracts: Are they necessary? What should they
contain?
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37. Interviews
• Key Concerns:
– Discrimination allegations
– Alberta Human Rights Act
• Section 7 ‐ prohibits discrimination in employment practices – i.e. hiring
• Section 8 ‐ limits nature of inquiries that can be made of prospective
employees
• Protected grounds: race, religious beliefs, colour, gender, physical
disability, mental disability, age, ancestry, place of origin, marital status,
source of income, family status or sexual orientation
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39. Interviews
• Question Do’s
– DO ask questions to enable you to determine if the interviewee can
perform the job. For example:
• Can you meet the job requirements?
• Are you legally entitled to work in Canada?
• Are you willing to relocate?
• Are you able to work rotating shifts?
• What level of education did you achieve?
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40. Interviews
• Question Don’ts
– DON’T ask questions that would require the interviewee to disclose
information relating to the protected grounds. For example:
• Do you have any illnesses or disabilities?
• Where were you born?
• Are you married?
• Do you have /plan to have any children?
• How old are you?
• Have you missed work in the past due to illness?
• What religious holidays do you observe?
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41. Interviews
• Exceptions
– Bona fide occupational requirement
– Reasonable and justifiable contravention
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42. Interviews
• Post Interview
– If necessary, make the offer of employment conditional on:
• Reference check
• Medical examination
• Drug and alcohol test
• Criminal record check
• Credit check
• Signing employment contract
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43. Pre‐Employment Testing & Checks
• Types of background checks:
– Reference checks
– Medical and fitness tests
– Drug & alcohol tests
– Criminal record checks
– Credit checks
– Education and professional certification checks
– Immigration and terrorism checks
– Psychometric checks
– Online/Google searches
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47. Pre‐Employment Testing & Checks
• Drug and Alcohol Tests
– Drug and alcohol dependencies recognized as disability under human
rights law
– In Alberta, pre‐employment drug and alcohol testing is allowed for
safety sensitive positions
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48. Pre‐Employment Testing & Checks
• Criminal Record Checks
– In Alberta, a criminal record is not a protected ground under human
rights law
– recent changes – new restrictions and requirements
• Informed Consent form
• Format of search results
• Fingerprint verification
– Practical concerns – timing issues
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52. Employment Contracts
• Ensuring Enforceability
– Make certain the minimum standards are met or exceeded – i.e.
Employment Standards Code
– Give the employee time to review the contract and obtain advice
before signing
– Have the employee sign the contract BEFORE starting work
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