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The report into the handling of Jian Ghomeshi’s inappropriate behaviour at the CBC is serving as a wake up call for how other Canadian companies run their business. As Kate Carnegie found out, some employment lawyers think people need a reminder of the meaning of zero tolerance.
The independent investigator who compiled the Ghomeshi report for the CBC points out that management condoned the radio stars behaviour by doing nothing about it when told. Employment lawyer Howard Levitt says that shouldn’t happen in this day and age.
“I think this is a 20 year old problem, and right now large companies in particular simply don’t behave this way.” So what is the culture like in the business world right now? “It is zero tolerance for preditory behaviour. Zero tolerance for seriously abusive behaviour. And certainly zero tolerance for violating the human rights code and that includes sexual harassment.”
But Mr. Levitt says he does still see this kind of behaviour within Canadian businesses and says the report should have laid out a series of scenarios so other companies could learn from them. “It would have been helpful to everyone if they had set out a series of standards ‘if you do this, this crosses the line and warrants discipline. If you do this it crosses the line and warrants discharge’.”
The report also touches on what it calls ‘host culture’ or a ‘culture of entitlement’. Employment lawyers we spoke with today say that doesn’t just exist in the TV business. It exists everywhere.
“I think that exists in a lot of workplaces and these people think they are above the rules” says employment lawyer David Whitten. “If they aren’t dealt with appropriately right off the bat, like children the behaviour continues to escalate.”
While both lawyers agree the report is vague they say the CBC should have been able to handle the complaints internally based on their standards. And say other companies should take note. “It is against the law. And there should be repercussions and sanctions and so employees should take advantage of those rights” according to David Whitten.
“If anything like this ever happens – it is not allowed to prevail like this. It is not allowed to proceed” says Howard Levitt.
Howard Levitt says the fact that Jian Ghomeshi was able to get away with a number of inappropriate behaviours should have never happened at such a large Canadian company, but he says there is still work to be done in smaller cities and towns to bring the workplace culture up to current standards.