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HomeMy WebLinkAboutHUR070 Respect in the Workplacecity og DICKERING Policy Procedure Title: Respect in the Workplace Policy Number HUR 070 Reference Ontario Human Rights Code • Occupational Health and Safety Act Municipal Freedom of Information and Protection of Privacy Act Res. #112/10 Res. #140/12 Res. #211/16 Date Originated (m/d/y) March 1993 Date Revised (m/d/y) June 21,2010 November 12, 2012 September 19, 2016 Pages 13 Approval: Chief 67; nistr i Officer Point of Contact: Division Head, Human Resources Policy Objective The Corporation of the City of Pickering (the "City") is committed to providing and maintaining a work environment that is free from violence and harassment and where the dignity and self- esteem of every employee is respected. Under the provisions of the Ontario Human Rights Code, every employee has the right to freedom from discrimination and harassment in the workplace by the employer, by an agent of the employer, or by another employee because of sex, sexual orientation, gender identity, gender expression, race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, family status, or disability. Furthermore, in accordance with the Occupational Health and Safety Act, this policy prohibits all forms of harassment, psychological harassment and violence that is related or unrelated to any of the prohibited grounds mentioned above. In keeping with its legal and social responsibilities as an employer and to prevent and manage workplace harassment and violence, the City will treat any complaint of workplace harassment and violence as a serious matter which, if proven, constitutes a serious offence that will not be tolerated or condoned. The objectives of this policy are to: a) demonstrate the City's commitment to the provision of a working environment that is free of violence and all forms of harassment; b) provide all City employees with an opportunity to bring forward and remedy allegations of workplace violence and harassment in a fair and impartial manner; c) set out the types of behaviour that may be considered to be offensive; d) establish a mechanism for receiving complaints of workplace violence and harassment and to provide a procedure by which the City will deal with these complaints; and e) ensure that all complaints are dealt with expeditiously and objectively and that the rights of all parties are respected. Index 01 Definitions 02 Responsibilities 03 Procedures 04 Confidentiality 05 Application 06 Limitations 01 Definitions 01.01 Complaint is a statement by an employee containing full particulars of an allegation of a violation of this Policy. Such particulars include a factual account of the incident(s), relevant times, dates, circumstances, the person(s) involved, and the names of any witnesses. Employees may be encouraged to. document the allegations in a signed and dated written statement. 01.02 Complainant is any person who makes a formal complaint. 01.03 Discrimination is any distinction, exclusion or preference based on a protected ground in the Ontario Human Rights Code which nullifies or impairs equal opportunity in employment. 01.04 Retaliation is action taken against an individual in response to having invoked the Respect in the Workplace Policy on behalf of oneself or another individual or for having participated or cooperated in any investigation under this Policy. 01.05. Respondent is the person(s) in which allegations of harassment and/or violence are taken against. 01.06 Supervisor is a person who has charge of a workplace or authority over a worker. Policy Title: Respect in the Workplace Page 2 of 10 Policy Number: HUR 070 01.07 Workplace is the working or work-related environment including, but not limited to, the offices, buildings, worksites or any other location where City business is being conducted and employees have gathered as a result of employment responsibilities or social gatherings sanctioned by the City. 01.08 Workplace Harassment is engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome which creates an intimidating or hostile work environment, interferes with an employee's work performance, or threatens economic livelihood. Harassment which occurs outside of the workplace but which has repercussions in the work environment, adversely affecting employee relationships may also be defined as workplace harassment. Workplace harassment can involve the following: a) Harassment is engaging in a course of vexatious comments or conduct that is known, or ought reasonably to be known, to be unwelcome or offensive, and includes, for purposes of this policy, one or a series of unwanted, unsolicited actions, behaviours, remarks or communications in any form, directed toward an individual or a group, and which are related to any of the prohibited grounds of workplace or employment harassment under the Human Rights Code. Harassment can include, but is not limited to the following examples: • racial or ethnic slurs; • repeatedly asking when they are going to get married or have children; • inappropriate comments about specific genders or age groups; and/or • unwelcome remarks, jokes, taunts, suggestions about a person's religion, disability, etc. b) Psychological Harassment is engaging in behaviour that is intended to intimidate, offend, degrade or humiliate a particular person or group of people. Examples of psychological harassment can include, but are not limited to: • verbally abusive behaviour such as yelling, insults and name calling; • persistent, excessive and unjustified criticism and constant scrutiny; • spreading malicious rumours; • excluding or ignoring someone; Policy Title: Respect in the Workplace Page 3 of 10 Policy Number: HUR 070 • sabotaging someone else's work, equipment or., belongings; • written or verbal abuse or threats; • making false allegations about sorneone in memos, emails,or other work related documents; and/or'"` • actions which create a poisoned work environment which occurs when an activity or behaviour is not necessarily directed at anyone in particular but creates a hostile or offensive workplace for those who are exposed'toit.- Sexual Harassment is: • engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression'where the course of comment or conduct is known or ought reasonably be known to be unwelcome; or • making a sexual-splicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to'know that the solicitation or advance is unwelcome. Sexual harassment can include, but is not limited to the following examples: • unwelcome sexual remarks, invitations or requests; • unwelcome remarks, jokes, taunts; and/or suggestions about a person's body; • displays of pornographic, sexist, or other offensive or derogatory material; • leering (suggestive staring) or other offensive gestures; • unnecessary physical contact; and • persistent, unwanted attention after a consensual relationship ends. _r 01.09 Workplace Violence is: a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker; b) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; or c) a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.. Policy Title: Respect in the Workplace Page 4 of 10 Policy Number:. HUR 070 Workplace violence can include but is not limited to the following examples: • physically abusive or threatening behaviour such as pushing, hitting, finger pointing or standing close to someone in an aggressive manner; • leaving threatening notes or sending threatening emails to the workplace; and/or • using or threatening to use a weapon. 02 Responsibilities 02.01 Council to: a) approve the policy and any amendments to it from time to time; and b) actively support and adhere to the Respect in the Workplace Policy. 02.02 Chief Administrative Officer to: a) actively support and adhere to the Respect in the Workplace Policy; b) ensure that all City employees are provided with a work environment free from any form of harassment or violence; and c) create an environment that encourages prospective complainants to report incidents of harassment and violence should they occur; d) undertake appropriate corrective or disciplinary action making decisions to terminate employment as required. 02.03 Directors and Division Heads to: a) actively support and adhere to the Respect in the Workplace Policy; b) create and maintain a harassment and violence free workplace for all employees within his/her department/division; c) prevent and discourage workplace harassment and violence through action and example by ensuring that their own conduct and that of their employees is not hurtful, intimidating or embarrassing; d) ensure that workplace behaviour contrary to this Policy is not permitted, condoned, or ignored; e) ensure that all employees within his/her department/division are conversant with the City's Respect in the Workplace Policy and with their rights and responsibilities under this Policy; f) treat all complaints of workplace harassment and violence seriously and respond in a timely manner to complains in accordance with the procedures outlined in this Policy; Policy Title: Respect in the Workplace Page 5 of 10 Policy Number: HUR 070 g) cooperate in any investigation arising from complaints made under this Policy; and h) undertake appropriate;corrective or disciplinary action including making recommendations to terminate employment as required. 02.04 Supervisors to: a) take reasonable precautions to protect the health and safety of workers which includes preventing workplace violence by creating and maintaining a harassment and violence free workplace for all employees within his/her work unit; b) ' prevent and discourage workplace harassment and violence through action and example by ensuring that their own conduct and that of their employees is not hurtful, intimidating or embarrassing; c) offer training and information to workers to ensure that workplace behaviour contrary to this Policy is not permitted, condoned or ignored; d) treat all complaints of workplace harassment and violence seriously and respond in a timely manner to complaints in accordance with the procedures outlined in this Policy; e) communicate and reinforce the City's Policy and Procedures on workplace harassment and violence to all employees within his/her work unit; f) refer the matter to management in a timely fashion when he/she has knowledge of workplace harassment or violence so that the matter can be investigated; and g) cooperate in any investigation arising from complaints made under this Policy. 02.05 Human Resources Division to: a) provide training and education to all employees on the interpretation and application of this Policy; b) serve as a resource to. management and staff on workplace harassment, violence and related issues; c) provide consultation and advice to City management regarding appropriate corrective or disciplinary action to be undertaken to resolve a complaint; d) receive complaints and undertake a prompt and confidential investigation into all complaints brought forward; e), maintain a centralized record of all workplace harassment and violence complaints and related documentation; f) undertake follow-up interviews with the complainant in accordance with the procedures outlined in this Policy; and Policy Title: • Respect in the Workplace Page 6 of 10 Policy Number: HUR 070 initiate and conduct regular reviews of the Respect in the Workplace Policy and provide a written report and recommendations to the Chief Administrative Officer; take every reasonable precaution given the circumstances to protect the worker if made aware or ought reasonably to be aware that domestic violence would likely expose the worker to physical injury; and assess the risk of workplace violence that may arise and to report the results of the assessment to the Joint Health & Safety Committee or its representative. provide information to worker(s), including personal information, related to a risk to workplace violence from a person with a history of violent behaviour if: i. the worker can be expected to encounter that person in the course of his or her work; and ii. the risk of workplace violence is likely to expose the worker to physical injury. 02.06 Employees to: a) ensure that their actions and behaviour do not cause embarrassment or humiliation to co-workers; b) have the right to refuse to work or do particular work where he or she has reason to believe that workplace violence is likely to endanger himself or herself; c) comply with this Policy and take all steps to maintain a harassment and violence free workplace; d) report any incident or observations of inappropriate action or behaviour to their Supervisor, Division Head, Director or to the Human Resources Division; e) notify his/her supervisor and Human Resources if he/she has a legal court order (e.g. restraining order) against another individual if the employee believes the aggressor may put him/her or other employees at risk of workplace violence; and f) cooperate fully in any investigation arising from complaints brought forward under this Policy. 03 Procedures 03.01 Any employee who considers that he or she has been subjected to workplace harassment is encouraged to bring the matter to the attention of the individuals(s) responsible, advising the person that the behaviour is unwelcome, contrary to the Respect in the Workplace Policy and request that it be stopped. Policy Title: Respect in the Workplace Page 7 of 10 Policy Number: HUR 070 03.02 Employees who believe that they are being harassed or who have tried unsuccessfully to deal directly with the individual(s) responsible for the behaviour or who feel that such an approach is inappropriate, should report the incident(s) using the Harassment Complaint Form (Appendix 1) to their Supervisor, Division Head or Director who will take immediate steps to resolve the problem. Any Supervisor, Division Head or Director should notify the Division Head, Human Resources immediately upon receipt of the complaint. 03.03 When attempts to resolve the matter through the above methods are inappropriate or fail, the employee may submit his/her formal complaint (Appendix 1) to the Human Resources Division within a reasonable time from when the incident occurred. 03.04 When a complaint has been forwarded directly to Human Resources, the Division Head, Human Resources or designate shall conduct an investigation into the complaint. Such investigation shall include interviews with the complainant(s), the respondent, witnesses to the incident(s) and any other person who may provide relevant information. Allegations of workplace violence will be investigated by Human Resources and if required, a Ministry of Labour Inspector. 03.05 The respondent will be given a copy or a synopsis of the complaint as soon as possible, and will be given an opportunity to respond in writing using the Response to Harassment Complaint Form (Appendix 3). 03.06 Once the investigation has been completed, a written report summarizing investigation findings will be prepared for the appropriate Director with recommendations for corrective action as appropriate in the circumstances. 03.07 Where the results of the investigation support a specific complaint of harassment, appropriate corrective action will be taken and the complainant and respondent will be advised of the findings. Where the results of the investigation do not support allegations of harassment, no further action will be taken and the complainant will be advised as such. 03.08 The test for determining if workplace harassment has occurred may be met by assessing if: a) the complainant specifically says the conduct is unwelcome; and/or b) the complainant conveys through conduct or body language that the behaviour is unwelcome; and/or c) a reasonable person would have recognized that the behaviour would be unwelcome under the circumstances. 03.09 No reprisals will be taken against any party for having invoked his/her rights under this Policy. However, where as a result of an investigation it is determined that a complaint was made maliciously or in bad faith, formal disciplinary action may be taken against the complainant. Documentation regarding disciplinary action will be retained in the employee's personnel file. Policy Title: Respect in the Workplace Page 8 of 10 Policy Number: HUR 070 03.10 The Human Resources Division will undertake follow-up interviews with the complainant as required. All follow-up interviews will be documented and retained in the Human Resources Division. 03.11 For employees covered by a collective agreement, a complaint may be filed through their union as a grievance, if not satisfied with the investigation. 03.12 When a complaint is made against the Chief Administrative Officer, a Director or a Division Head, or when the Chief Administrative Officer considers it appropriate, the resolution of a complaint under this Policy may be referred to an outside consultant who will conduct a prompt and confidential inquiry into the complaint. 03.13 Acts or threats of violence involving a weapon or incidents where the violence is extreme must be reported to the police and management immediately. All instances of workplace violence must be reported using the Workplace Violence Reporting Form (Appendix 2) and will be investigated accordingly. 04 Confidentiality 04.01 The City recognizes that allegations of workplace harassment and violence involves sensitive disclosures and respects a complainant's interest in keeping the matter confidential. 04.02 All complaints of workplace harassment (including the identities of the complainant, the respondent and any witnesses) will therefore be held in confidence and will be disclosed only to the extent necessary to investigate and resolve the matter. It is the City's expectation that the complainant, the respondent, and any witnesses to the incident(s) will also maintain confidentiality. 04.03 All records of complaints, including contents of meetings, interviews, results of investigations, and all other documentation, will be retained by the Human Resources Division. 04.04 All information pertaining to the results of the risk of workplace violence that may arise from an assessment will be provided to the Joint Health & Safety Committee or its representative and will be disclosed only to the extent necessary to generate statistics. 04.05 All records pertaining to a complaint under this Policy are subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act, the Ontario Human Rights Code, the Occupational Health & Safety Act or the rules governing Court proceedings. Policy Title: Respect in the Workplace Page 9 of 10 Policy Number: HUR 070 05 Application . This Policy is applicable to all City employees, contractors, visitors, clients, patrons, volunteers, elected and appointed officials. It applies to all matters identified occurring in the course of any person's employment or contract of services. 06 Limitations The City is committed to providing all its employees with a supportive and satisfying work environment. Every employee has the right to make a complaint or to enforce his or her rights under this Policy, without retaliation or the threat of retaliation and in the expectation that complaints of workplace harassment and violence will be successfully resolved by the City without recourse to other avenues. Notwithstanding the existence of this policy, under the provisions of the Ontario Human Rights Code all City employees may at any time pursue their rights independent of this Policy. Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Appendices Appendix 1 Harassment Complaint Form Appendix 2 Workplace Violence Reporting Form Appendix 3 Response to Harassment Complaint Policy Title: Respect in the Workplace Page 10 of 10 Policy Number: HUR 070 cdoii PICKERING Harassment Complaint Form All complaints of workplace harassment will be held in confidence and will be disclosed only to the extent necessary to investigate and resolve the complaint. It is the City's expectation that the complainant, the person against whom the complaint is made, and any witnesses to the incident(s) will also maintain confidentiality. Complainant Information (anonymous complaints will not be investigated) First Name Date Department Last Name Position Title Facility Division Subject of Complaint Information Name of individual you are complaining about Position Title Department Section Immediate Non -Union Supervisor Date(s) the incident(s) occurred Place the incident occurred Date(s) the incident(s) occurred Place the incident occurred Nature of the allegation(s) Division Section Time Cam Qpm Time Cam Cpm HR 0310-06/02 Rev. 13/03/22 Page 1 of 2 044 P1CKERING Harassment Complaint Form Describe the sequence of events and factors leading up to the occurrence. Attach an additional page if necessary. Describe your reaction. List any witnesses who observed the conduct, or individuals who may have information about the complaint. Outline what you have done in response to this problem to date, if anything, including speaking to the person you are complaining about, or raising your concerns with someone else. I am hereby filing this complaint because I honestly believe that the person noted below is harassing me. First Name Last Name I hereby certify that to the best of my knowledge the above-mentioned information is true, accurate and complete. I understand that making false allegations is in violation of the Respect in the Workplace Policy and could subject me to discipline up to and including termination. I understand that by filing this complaint,. an investigation will be initiated. ` Signature of Complainant Date You may submit this form to your Director, Division Head, Supervisor, or Division Head, Human Resources. HR 0310-06/02 Rev. 13/03/22 Alternate formats available upon request at 905.683.7575. Page 2 of 2 C4 DICKERING Workplace Violence Reporting Form This form is to be used in instances where a person has exercised or attempted to exercise physical force against an employee that could cause physical injury. You may also use this form when a person makes a statement or exhibits a behaviour that is reasonable enough for a person to interpret as a threat to exercise physical force that could cause physical injury. Complainant First Name Date Last Name Department Facility Position Title Division Incident Details Name of aggressor (if known) Familiarity with aggressor Position Title (if applicable) Department (if applicable) Section Immediate Non -Union Supervisor Date(s) the incident(s) occurred Location of incident Division (if applicable) Section (if applicable) Time Earn ❑pm Date(s) the incident(s) occurred Type of Incident ❑ Mail ❑ Email Was the incident reported to the Police? If yes, please provide Officer name If yes, please provide Incident No. Extension call received at HR 1005-09/01 Rev. 13/03/22 Eyes Eno Time ❑ Voicemail ❑ Telephone Earn ❑pm Call display number (if applicable) Page 1 of 3 64 PICKERING Workplace. Violence Reporting Form Describe the sequence of events and factors leading up to the threat/violence. What was the nature of the threat/violence? (What was said and done specifically). List any witnesses who observed the conduct, or individuals who may have information about the complaint. Provide a physical description if the aggressor's identity is known (height, weight, clothing, hair, ethnicity, etc.). What was the state of emotion of the aggressor? (check all that apply). ❑ Calm Shouting El Angry ❑ Anxious El Crying El Intoxicated Describe the manner of speech of the aggressor (for telephone threats). El Fast El Vulgar ❑ Slow ❑ Polite El Frightened ❑ Stuttering Any other pertinent details? Please attach an additional page if necessary. ❑ Confused Irrational El Lisping El Accent HR 1005-09/01 Rev. 13/03/22 Page 2 of 3 C4061 PICKERING Workplace Violence Reporting Form I hereby certify that to the best of my knowledge the above-mentioned information is true, accurate and complete. Signature of Complainant Date Signature of Immediate Non -Union Supervisor Date 0 original report forwarded to Human Resources 0 copy to your Supervisor , Customer Care should also be copied when the act of violence is exhibited by a member of the public. Not a City employee. Alternate formats available upon request at 905.683.7575. HR 1005-09/01 Rev. 13/03/22 Page 3 of 3 Response to Harassment Complaint PICKERING All complaints of workplace harassment will be held in confidence and will be disclosed only to the extent necessary to investigate and resolve the complaint. It is the City's expectation that the -complainant, the person against whom the complaint is made, and any witnesses to the incident(s) will also maintain confidentiality. Respondent's Information First Name Date Department Position Title Facility Last Name Division Name(s) of Complainant(s) First Name Department Address the Complaint Division Section Immediate Non -Union Supervisor (signature) Last Name Section Include as much information to the complaint as possible, including dates and times. Please respond to each allegation contained in the complaint. Please attach additional pages if necessary. Additional pages attached? If yes, how many? Response ()Yes ONo HR 1007-09/01 Rev. 12/11/12 Page 1 of 2 erif PICKERING Response to Harassment Complaint List any individuals who may have information about the complaint, or who may have observed the conduct in question: Respondent's Signature Alternate formats available_ upon request at 905.683.7575. HR 1007-09/01 Rev. 12/11/12 Date Page 2 of 2