STORY 81
My workplace applies automatic NDA's to every investigation into an employee's conduct. My workplace is also incredibly toxic and gossipy. Gossip, rumours and misinformation are rampant. As someone recently said to me, we have a work culture that "celebrates others failures." I believe she hit the nail on the head with that statement.
This needs to change. Our union supports NDA's, and we are told by both the employer and the union that we will get in trouble if we speak to others about any investigation we are or have been involved in. Now, I do agree that there needs to be some confidentiality during an investigation to protect the integrity of the process, preventing employees from colluding. As an employee, you should admit if you do something wrong and move forward.
Unfortunately though, our employer does not investigate nor apply discipline uniformly. NDA's after the fact cover this up. We cannot talk about our experience, therefore eliminating the ability to "compare notes." I believe in my case, in order to harass, bully and silence an out-spoken employee. There is no in-house recourse. Gagging me with a NDA after the one-sided investigation that cherry-picks what information they can use against you. The NDA's give them the ability to get away with poor investigatory processes, and the ability to discipline one employee for something that another does not get disciplined for. No accountability.
They do have a reporting line that is useless. I reported to it, and nothing was done. I have now reported it to the Human Rights Tribunal and the misconduct and sexist behaviour is now being properly challenged. Unfortunately I am one of the few that have stood up to this employer.
When it comes time that my employer possibly wants to settle before a trial, I will now never sign a NDA with this knowledge about the CBMS movement. Not only is it something I want abolished from my workplace, but also to see NDA’s limited globally to support and not re-victimize those subjected to bullying and harassment.
