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HomeMy WebLinkAbout16 008 Workplace Harassment Policy and Workplace Violence Policy By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE eai KBT BY -LAW NO. 2016 - 008 A BY -LAW TO ADOPT A POLICY WITH RESPECT TO WORKPLACE HARASSMENT AND A POLICY WITH RESPECT TO WORKPLACE VIOLENCE WHEREAS the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1, dictates the duties of employers regarding occupational health services in the workplace; • AND WHEREAS Bill 168, an amendment to the Occupational Health and Safety Act, requires employers in the Province of Ontario with five or more employees, to have a Workplace Harassment Policy in place; AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS By -law No. 2010 -030, the Workplace Violence & Harassment Policy By -law was passed on the 17th day of March, 2010; AND WHEREAS Council deems it advisable to separate the Workplace Violence & Harassment Policy into two separate policies, a Workplace Violence Policy and a Workplace Harassment Policy as per Report No. CAO 2016 -01; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: • 1. That Policy GG. 6.6, the "Workplace Harassment Policy ", attached hereto as Schedule "A ", and forming part of the by -law, be adopted. 2. That the Policy GG. 6.7, the "Workplace Violence Policy ", attached hereto as Schedule "B ", and forming part of the by -law, be adopted. 3. That By -law No. 2010 -030 be hereby repealed. 4. This By -law shall come into full force and effect upon its final passage. 5. This By -law may be cited as the "Workplace Harassment Policy and Workplace Violence Policy By -law ". READ a FIRST and SECOND TIME this 27th day of January, 2016. READ a THIRD TIME and FINALLY PASSED this 27th day of January, 2016. 1:L.,. Lt `{1tac • Mayor Clerk This is Schedule " " to By -Law Nodollo passed the 31 day POLICY of �� an0e0( J 20 il POLICY NO.: GG. 6.6 SECTION: GENERAL GOVERNMENT — PERSONNEL TITLE /SUBJECT: WORKPLACE HARASSMENT ADOPTED DATE: January 27, 2016 (By -law No. 2016 -008) REVISION DATE: PURPOSE The Municipality of Kincardine is committed to providing a respectful working environment for all employees, free from harassment and discrimination including discriminatory practices. In addition, we are required by law to protect against all forms of discrimination and harassment, including personal harassment. Our goal is to create a workplace based on dignity and respect and equitable access to employment opportunities. This procedure will outline the process that the Municipality of Kincardine will follow to address complaints of discrimination and harassment within the workplace. DEFINITIONS Abuse of authority occurs when a person uses authority unreasonably to interfere with an employee or the employee's job. It includes humiliation, intimidation, threats, and coercion. Abuse of authority does not include managerial activities such as counselling, performance appraisals and discipline as long as these are not being done in a discriminatory manner. Bullying in the workplace is any repeated behaviour, direct or indirect, whether verbal, physical or otherwise in the workplace which could reasonably be regarded as undermining an individual's right to dignity at work. Complainant is the person who reports or complains about discrimination, harassment or retaliation. Designated Investigator is a third party selected by a Human Resources Department representative or Mayor. Discrimination is any practice or behaviour, direct or indirect that differentiates adversely in relation to an individual on the basis of the prohibited grounds as defined in the Canadian Human Rights Act, including pregnancy, childbearing, disability, and dependence on alcohol or drugs. It does not include special programs designed to assist disadvantaged groups. Harassment is any behaviour that demeans, humiliates or embarrasses a person that a reasonable person should have known would have been unwelcome. It includes actions (i.e. touching, pushing), comments (i.e. jokes, name calling) or displays (Le. posters, cartoons). It may be a single incident or continue over time. Personal Harassment is disrespectful behaviour that demeans, humiliates or embarrasses a person; the behaviour is not based on one of the prohibited grounds. Sexual Harassment is unwelcome offensive or humiliating behaviour that is related to a person's sex as well as behaviour of a sexual nature that creates an intimidating, hostile or "poisoned" work environment or that could be reasonably thought to put sexual conditions on a person's job or employment opportunities. Sexual Harassment can include pinching, patting, rubbing, leering, display of "dirty jokes ", pictures or pornographic materials. Mobbing is an emotional assault targeted at an individual where a number of individuals willingly or unwillingly participate in malicious actions to force a person out of workplace (can be through innuendo, rumours, public discrediting, or threats). Prohibited Grounds are criteria defined within the Canadian Human Rights Act to protect employees and those receiving goods or services from harassment related to: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for which a pardon has been granted. Poisoned work environment is created when a workplace is hostile or unwelcoming because of insulting or degrading comments or offensive actions aimed at an employee or others. Respondent is the person whose conduct or actions are the subject of a discrimination, harassment or retaliation report or complaint under this procedure. Retaliation means taking or threatening to take adverse action against someone because he or she has reported or complained about discrimination, harassment or retaliation or because he or she participated in an investigation of an alleged violation of this procedure. Witness is a person who may have information relevant to the report or complaint and may volunteer or be requested to provide that information. RESPONSIBILITIES 2 Harassment prevention in the workplace is everyone's responsibility. The employer and employee has a duty to ensure that we create and sustain a workplace free from harassment. All employees who are aware of harassment occurring in the workplace should notify their Supervisor and a Human Resources Department representative. If Supervisors, Managers and Mayor are aware of harassment in the workplace they are expected to address the situation promptly whether or not a formal complaint has been made. Supervisors, Managers and Mayor are required to proactively address any inappropriate conduct. In the case of inappropriate behavior or harassment involving a member of Council, the Mayor is required to respond proactively and oversee the process. 3 GG 6.6 Workplace Harassment Acknowledgement & Agreement I, , acknowledge that I have read and understand the Workplace Harassment Policy of the Municipality of Kincardine. I agree to adhere to this policy and will ensure that employees working under my direction adhere to this policy. Name: Signature: Date: Witness: 4 PROCEDURES Reporting Anyone who believes that he or she has been subject to or a witness to harassment or retaliation in the workplace will: 1. Make a reasonable attempt to resolve the behaviour informally by telling the alleged offender that his or her behaviour is unacceptable and unwelcome and clearly stating that this behaviour must stop. 2. If the matter is not resolved informally between the individuals, the Complainant should immediately inform (in writing) one of the following: their immediate supervisor or their manager and a Human Resources Department representative. In cases involving members of Council, the Mayor is to be informed (in writing). 3. If the complaint is related to sexual harassment or discrimination or harassment on the prohibited grounds or acts of retaliations, it must be referred to a Human Resources Department representative. It is important that reports or complaints be made as soon as possible after the alleged incident has occurred so that the issue may be addressed as swiftly as possible. Use the Harassment Reporting Form to document as much information as possible detailing the nature of the allegation, date and time, location, witnesses, reaction of the respondent, and any other information that may assist in the investigation. Rights Retaliation All parties including the Complainant, Respondent, Witnesses and Investigators have a right to be free from retaliation or any threat. Any retaliation or threat will be addressed through the disciplinary process and will be subject to disciplinary actions appropriate to the severity of the incident, up to and including termination. Representation All employees have a right to representation throughout the process. Information The Respondent has the right to be advised in a timely fashion of the allegations contained in a report. 5 Confidentiality Confidentiality /privacy is required to properly investigate a work place incident and to offer proper support to those adversely affected. Everyone involved with the investigation must ensure that all information is treated with strict confidence. Information will only be released to those who need to know for purposes related to the resolution of the complaint. Investigation & Resolution Informal Investigation Once a report or complaint has been made to a Human Resources Department representative, the Human Resources Department representative will ensure that an initial fact finding takes place. This may be completed by a Human Resources Department representative or a designated Investigator. The initial fact finding is intended to be a quick and informal process and will normally be completed within 3 days of receipt of the complaint. The facts and events will be documented; however a full written report is not required for the initial fact finding. Depending on the seriousness of the complaint or report, a decision may be made to proceed directly to a formal investigation. Once the fact finding is complete the Human Resources Department representative or designated Investigator will make one of the following determinations: 1. The allegations appear to be unsubstantiated and therefore no action will be taken; 2. The allegations appear to be substantiated and an action plan is required to resolve the matter; 3. Further investigation is required. If the matter cannot be resolved informally then a formal investigation will follow. Formal Investigation A formal investigation is initiated when the concern has not been resolved or when the concern has been deemed to be of a significant nature requiring a formal investigation. At the commencement of a formal investigation a notification of such investigation will be made to the Chief Administrative Officer and Mayor. Prior to the start of the investigation, the Complainant will complete a formal written complaint. The formal investigation will be completed by a designated Investigator and 6 will normally be completed within 30 days from the date of the formal complaint. Upon completion of the investigation, the Investigator will prepare a written report and submit to the Human Resources Department representative. Resolution If the outcome of the investigation concludes that discrimination or harassment has occurred as defined in this procedure, the Human Resources Department Representative, the Accountable Manager and the Respondent's Supervisor or Mayor (if applicable) will meet to develop a recommended resolution. The resolution may include a recommendation of disciplinary action. The CAO will inform the Mayor upon conclusion. Exit Meeting A Human Resources Department Representative and /or designate investigated will hold an exit meeting with the Complainant and the Respondent following the conclusion of an investigation to discuss the findings of the investigation, the resolution and recommendations. Actions arising from the recommendation shall be tracked by a Human Resources Department representative. Record Keeping Records within this procedure will be maintained by a Human Resources Department Representative, separately from Human Resources records and retained according to retention standards set out by Municipality of Kincardine. Procedure Review This procedure will be reviewed annually by Human Resources Department representatives in conjunction with the Health and Safety Committee to determine effectiveness. Incident Decision & Escalation Path Incident occurs Is your YES safety at Call 911 Proceed to risk? Formal Investigation NO Can I talk YES / \ to the • Discuss and • person? resolve END NO Escalate to Manager or Supervisor, Mayor (if applicable) and HR Representative Can it be / \ resolved YES Discuss and with resolve ♦ END support? \ / NO Informal/ YES Review of Implement / \ Formal facts & Investigation next steps Corrective — i END Actions \ / 8 CONFIDENTIAL Workplace Harassment Reporting Form This form is intended to assist in the documenting of informal or formal complaints reported by an employee. If informal resolution is not possible, the Manager shall involve Human Resources and initiate an investigation as per the Harassment Procedures. Section A: REPORT DETAILS Incident Number: (For HR Use Only) Report Initiation Date: Report Completed by: Department / Phone Ext: Section B: WORKER / COMPLAINANT INFORMATION Last Name: First Name: Department: Position / Job: Phone # /Ext: SECTION C: RESPONDENT INFORMATION Name of Respondent: Respondent's Department (if applicable): Respondent's Position / Job (if applicable): Respondent's Phone # /Ext: Relationship between the Complainant and Respondent, if any (eg. co- worker, customer, contractor, supervisor etc): Exact location of Respondent during incident: SECTION D: WITNESS INFORMATION (If any) 1. Name: Dept: Phone Ext: Location & date of incident: 2. Name: Dept: Phone Ext: Location & date of incident: 3. Name: Dept: Phone Ext: Location & date of incident: SECTION E:! COMPLAINANT'S DESCRIPTION OF THE INCIDENT Date of Incident: Time of Incident: AM PM Exact location of incident: Reported Date: Reported Time: AM PM Reported To: Incident Date(s) over a certain period of time (eg. three times in the last month): Activities of Complainant, Respondent and Witness /Participants before, during, and after incident: Complainant's explanation of events in order of sequence of occurrence (as detailed as possible): Unusual activity or behaviour that may have contributed to the incident: SECTION F: (TO BE COMPLETED BY THE MANAGER, HUMAN RESOURCES OR THE DESIGNATED INVESTIGATOR): taken by the Manager: Resolutions discussed by the Complainant /Respondent: Next Steps: Follow Up Actions: Recommended Support: (e.g. Coaching, EAP Referral, etc.) Notes: Manager: Date: Signature: Human Resources: Date: Signature: This is Schedule " " to By -Law No.201(0 °° passed the a day of, -- Sbn 1 K1rj 20 lb POLICY POLICY NO.: GG 6.7 SECTION: GENERAL GOVERNMENT — PERSONNEL TITLE /SUBJECT: WORKPLACE VIOLENCE ADOPTED DATE: January 27, 2016 (By -law No. 2016 -008) REVISION DATE: PURPOSE The Municipality of Kincardine is committed to providing a safe and healthy working environment for all employees, free from violence or threats of violence. Additionally, we are required by law to protect against all forms of Violence in the Workplace. Our goal is to create a workplace based on dignity and respect where all employees feel safe to come to work and contribute fully. In addition we are committed to providing education and training programs to all employees to raise awareness and to help understand the factors that contribute to workplace violence and how to prevent it. DEFINITIONS Complainant is the person who reports or complains about discrimination, harassment or retaliation. Violence in the workplace includes but is not limited to intentionally causing physical injury to another person, intentionally causing damage to the property of another, threatening remarks directed at another person (written or oral), possessing during work a dangerous weapon that is prohibited or not provided by the employer, bullying or intentional harmful teasing (written or verbal), displaying or exhibiting extreme anger or hostility. Respondent is the person whose conduct or actions are the subject of a discrimination, harassment or retaliation report or complaint under this procedure. Retaliation means taking or threatening to take adverse action against someone because he or she has reported or complained about discrimination, harassment or because he or she participated in an investigation of an alleged violation of this procedure. Designated Investigator is a third party selected by a Human Resources Department representative or Mayor. Witness is a person who may have information relevant to the report or complaint and may volunteer or be requested to provide that information. RESPONSIBILITIES Municipality of Kincardine is committed to preventing workplace violence and resolving workplace violence situations to the best of our ability. All employees or elected or appointed official who are aware of violence including prohibited conduct or any potential for violence to occur should notify their supervisor and a Human Resources Department representative immediately. In the case of inappropriate behavior or violence involving a member of Council, the Mayor is required to respond proactively and oversee the process. Supervisors and Managers who are aware of violence including prohibited conduct or any potential for violence in the workplace are expected to address the situation promptly whether or not a formal complaint has been made. Supervisors and Managers are required to proactively address any conduct which could lead to violence or a violent act. Any employee who subjects another to violence in the workplace will be subject to disciplinary actions appropriate to the severity of the incident, up to and including termination. 2 GG 6.7 Workplace Violence Acknowledgement & Agreement , acknowledge that I have read and understand the Workplace Violence Policy of the Municipality of Kincardine. I agree to adhere to this policy and will ensure that employees working under my direction adhere to this policy. Name: Signature: Date: Witness: 3 PROCEDURES Reporting At any time if there is an immediate risk to any person or property all parties involved will move to a safe environment and call 911. Anyone who believes that he or she has been subject to or a witness to violence in the workplace will: 1. Make a reasonable attempt to resolve the behaviour informally by telling the alleged offender that his or her behaviour is unacceptable and unwelcome and clearly stating that this behaviour must stop. 2. If the matter is not resolved informally between the individuals, the Complainant should immediately inform (in writing) one of the following: their immediate supervisor or their manager and a Human Resources Department representative. In cases involving members of Council, the Mayor is to be informed (in writing). It is important that reports or complaints be made as soon as possible after the alleged incident has occurred so that the issue may be addressed as swiftly as possible. Use the Violence Reporting Form to document as much information as possible detailing the nature of the allegation, date and time, location, witnesses, reaction of the respondent, and any other information that may assist in the investigation. Rights Retaliation All parties including the Complainant, Respondent, Witnesses and Investigators have a right to be free from retaliation or any threat. Any retaliation or threat will be addressed through the disciplinary process and will be subject to disciplinary actions appropriate to the severity of the incident, up to and including termination. Representation All employees have a right to representation throughout the process. Information The Respondent has the right to be advised in a timely fashion of the allegations contained in a report. 4 Confidentiality Confidentiality /privacy is required to properly investigate a work place incident and to offer proper support to those adversely affected. Everyone involved with the investigation must ensure that all information is treated with strict confidence. Information will only be released to those who need to know for purposes related to the resolution of the complaint. Investigation & Resolution Informal Investigation Once a report or complaint has been made to the Human Resources Department representative, the Human Resources Department representative will ensure that an initial fact finding takes place. This may be completed by the HR representative or a designated investigator. The initial fact finding is intended to be a quick and informal process and will normally be completed within 3 days of receipt of the complaint. The facts and events will be documented; however a full written report is not required for the initial fact finding. Depending on the seriousness of the complaint or report, a decision may be made to proceed directly to a formal investigation. Once the fact finding is complete the Human Resources Department representative or designated investigator will make one of the following determinations: 1. The allegations appear to be unsubstantiated and therefore no action will be taken; 2. The allegations appear to be substantiated and an action plan is required to resolve the matter; 3. Further investigation is required. If the matter cannot be resolved informally then a formal investigation will follow. Formal Investigation A formal investigation is initiated when the concern has not been resolved or when the concern has been deemed to be of a significant nature requiring a formal investigation. Upon commencement of a formal investigation a notification that we are proceeding with such investigation will be given to the Chief Administrative Officer and Mayor. Prior to the start of the investigation, the Complainant will complete a formal written complaint. The formal investigation will be completed by a designated Investigator and will normally be completed within 30 days from the date of the formal complaint. Upon 5 completion of the investigation, the Investigator will prepare a written report and submit to the Human Resources Department representative. Resolution If the outcome of the investigation concludes that violence has occurred as defined in this procedure then the Human Resources Department representative, the Accountable Manager and the Respondent's Supervisor or Mayor (if applicable) will meet to develop a recommended resolution. The resolution may include a recommendation of disciplinary action. The CAO will inform the Mayor upon conclusion. Exit Meeting The Human Resources Department representative and /or designated investigator will hold an exit meeting with the Complainant and the Respondent following the conclusion of an investigation to discuss the findings of the investigation, the resolution and recommendations. Actions arising from the recommendation shall be tracked by the Human Resources Department representative. Record Keeping Records within this procedure will be maintained by a Human Resources Department representative, separately from Human Resources records and retained according to retention standards set out by Municipality of Kincardine. Procedure Review This procedure will be reviewed annually by Human Resources Department representatives in conjunction with the Health and Safety Committee to determine effectiveness. 6 Incident Decision & Escalation Path Incident occurs Is your YES Proceed to safety at 0 ° Call 911 ► risk? Formal Investigation NO Can I talk YES / \ to the ► Discuss and person? 0 " END . NO Escalate to Manager or Supervisor, Mayor (if applicable) and HR Representative Can it be / \ resolved YES Discuss and with ► resolve END support? \ / NO Informal/ YES Review of Implement / \ Formal facts & Corrective —► END Investigation next steps Actions 7 CONFIDENTIAL Workplace Violence Reporting Form This form is intended to assist in the documenting of informal or formal complaints reported by an employee. If informal resolution is not possible, the Manager shall involve Human Resources and initiate an investigation as per the Violence Procedures. Section A: REPORT DETAILS Incident Number: (For HR Use Only) Report Initiation Date: Report Completed by: Department / Phone Ext: Section B: WORKER / COMPLAINANT INFORMATION Last Name: First Name: Department: Position / Job: Phone # /Ext: SECTION C: RESPONDENT INFORMATION Name of Respondent: Respondent's Department (if applicable): Respondent's Position / Job (if applicable): Respondent's Phone # /Ext: Relationship between the Complainant and Respondent, if any (eg. co- worker, customer, contractor, supervisor etc): Exact location of Respondent during incident: SECTION D: WITNESS INFORMATION (If any) 1. Name: Dept: Phone Ext: Location & date of incident: 2. Name: Dept: Phone Ext: Location & date of incident: 3. Name: Dept: Phone Ext: Location & date of incident: SECTION E: COMPLAINANT'S DESCRIPTION OF THE INCIDENT Date of Incident: Time of Incident: AM PM Exact location of incident: Reported Date: Reported Time: AM PM Reported To: Incident Date(s) over a certain period of time (eg. three times in the last month): Activities of Complainant, Respondent and Witness /Participants before, during, and after incident: Complainant's explanation of events in order of sequence of occurrence (as detailed as possible): Unusual activity or behaviour that may have contributed to the incident: SECTION F: (TO BE COMPLETED BY THE MANAGER, HUMAN RESOURCES OR THE DESIGNATED INVESTIGATOR)* Actions taken by the Manager: Resolutions discussed by the Complainant /Respondent: Next Steps: Follow Up Actions: Recommended Support: (e.g. Coaching, EAP Referral, etc.) Notes: Manager: Date: Signature: Human Resources: Date: Signature: