The power of a paper trail in employment disputes

We all hope for the best at work. Unfortunately, these hopes don’t always pan out. You might find yourself caught in a workplace dispute, which may lead to increased stress and conflict, or financial losses. Thankfully, there are ways to protect yourself. One of the most important? Keeping good records.

Common types of workplace disputes

Disputes can arise in the workplace for any number of reasons, including but not limited to:

• Interpersonal conflicts or bullying and harassment
• Underpayment of or unpaid compensation
• Unclear communications about expectations and entitlements
• Discrimination or unfair treatment

Navigating and resolving these disputes can be challenging to begin with, but proper documentation can be the difference between a finding for or against you if a dispute becomes contentious.

Why documentation matters

A recent decision from the BC Employment Standards Tribunal demonstrates the significance of proper recordkeeping and clear communication in employment disputes. A worker claimed that she was owed overtime wages, statutory holiday pay, vacation pay, and a performance bonus. After an investigation, a delegate of the Director of Employment Standards upheld the complaint and determined that the employer owed the worker nearly $15,000, plus interest.

The employer appealed the delegate’s determination. However, the Tribunal found that the employer could not disprove the worker’s claims due to its failure to maintain accurate records of the worker’s hours and to establish clear key performance indicators for the bonus. As a result, the Tribunal ruled in favour of the worker and upheld the delegate’s award to the employee.

Why documentation matters

In many cases, workplace disputes come down to good recordkeeping and communication. When there is conflicting evidence, you can better your chances of prevailing in a dispute with a paper trail to back up your story or point of view. Therefore, accurate and detailed records of incidents, conversations, and agreements can be vital, regardless of whether you are an employer or an employee.

Here are some tips for retaining and securing various types of correspondence and records:

• Keep a record of incidents that arise, including dates, times and details of what happened.
• Save emails, letters and other written communication related to an issue.
• Keep track of hours worked with a reliable tracking system.
• Take notes during or after meetings and important conversations.
• Maintain a record of any agreements or promises communicated to workers, or important communications from management or human resources.
• Store your records in a safe and secure location, such as a password-protected digital folder or a locked file cabinet.

Having this information organized and accessible strengthens your position in the event of a complaint, an investigation or litigation.

Recordkeeping might seem like extra work, but can save you a lot of headaches down the road. Having a paper trail helps protect both employers and workers in the event of a workplace dispute.