HomeMy WebLinkAbout16 008 Workplace Harassment Policy and Workplace Violence Policy By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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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 That By -law No. 2010 -030 be hereby repealed.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: