Recourse and Conflict Resolution

When faced with a workplace conflict, an informal approach tries to resolve conflict early and directly with the people involved. It encourages a collaborative approach to gain a better understanding of one another’s concerns, perspectives and needs, in order to find mutually agreed solutions.

A formal approach tries to resolve conflict through avenues such as filing a grievance or submitting a complaint. The outcome of the conflict, if the grievance goes to adjudication is determined by a third party (e.g. an adjudicator), who assesses the situation and imposes a binding decision.

This section provides managers with information on the different options that are available to resolve conflict in the workplace.

Informal

Office of Informal Conflict Management

The Office of Informal Conflict Management (OICM) at ESDC helps resolve conflict in the workplace by acting as a neutral third party and offering alternative solutions to the more formal grievance and complaint processes. Informal conflict resolution can also be explored as part of the grievance or complaint process.

Employment and Social Development Canada Workplace Assessment Office

Employment and Social Development Canada Workplace Assessment Office (WAO) which is part of the Harassment and Violence Centre of Expertise, offers support and resources to help maintain and develop healthy and respectful workplaces. Advisors evaluate work environments that have experienced various challenges and work with management to propose strategic plans to help enhance the workplace climate.

Formal

Grievance

The grievance procedure is a formal administrative process through which employees may seek the resolution of any differences pertaining to terms and conditions of employment.

Part 2 of the Federal Public Sector Labour Relations Act (PSLRA) gives employees the right to present grievances unless another administrative process for redress exists under any other Act of Parliament.

National Joint Council

The National Joint Council (NJC) of the Public Service of Canada is the Forum of Choice for co-development, consultation and information sharing between the government as employer and public service bargaining agents. Through the NJC, the parties work together to resolve problems and establish terms of employment that apply across the public service.

The NJC grievance procedure is within the meaning of the Federal Public Sector Labour Relations Act. Any employee who feels aggrieved by the interpretation or application of an NJC directive or policy must process their grievance through the NJC procedure.

Adjudication

Adjudication is a quasi-judicial process aimed to resolve disputes where parties presents their evidence and make their arguments, and a binding decision (arbitrage) is then issued by a third party.

Harassment and Violence Centre of Expertise

January 1, 2021 marks the coming into force of Bill C-65 amending the Canada Labour Code and introducing new Work Place Harassment and Violence Prevention Regulations. Employment and Social Development Canada (ESDC) is committed to providing a safe, healthy and respectful workplace free of harassment and violence.

The Harassment and Violence Centre of Expertise (HVCE) at ESDC acts as the designated recipient to oversee all notices of occurrence and incidents of harassment and violence within ESDC. The HVCE provides employees and managers with neutral services to support the resolution of any situations related to harassment and violence in order to create and maintain a healthy and respectful workplace.

Discrimination

In the Canadian Human Rights Act (CHRA), the term “discrimination” is understood to mean “treating people differently, negatively or adversely without good reason”, and also includes a requirement to provide equal opportunities and to accommodate the needs of employees and/or clients in relation to the 13 grounds of discrimination.

The 13 prohibited grounds of discrimination under the CHRA are: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, disability, genetic characteristics, and pardoned conviction or suspended record.

It may refer to direct discrimination or adverse treatment, such as harassment, employment termination, refusing to hire an individual or the use of prejudicial questions during job interviews based on their status related to these grounds.

In some cases, it can refer to indirect discrimination arising from policies, procedures and practices that exclude or tend to exclude without legitimate justification, individuals from otherwise accessible services and opportunities.

Discrimination complaints can be filed with the Canadian Human Rights Commission (CHRC).