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HomeMy WebLinkAboutADMIN-15-97~F C ~ ~- r. j THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: Date: Report #: Subject: General Purpose and Administration Committee April 21 1997 File #: ADMIN.15-97 Workplace Harassment Policy and Procedures File # C1--t Res. #-I 1 ey-Law # Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Report ADMIN. 15 - 97 be received; 2. That the attached Workplace Harassment Policy and Procedures be approved; 3. That the Municipality appoint the Chief Administrative Officer as the Workplace Harassment Officer on an interim basis until such time as an alternate recommendation is brought to Council; 4. That all supervisory staff attend an in-house training seminar on Workplace Harassment; 5. That the Chief Administrative Officer appoint staff to structure an information session on the Workplace Harassment Policy for all staff; 6. That a copy of the Workplace Harassment Policy be posted on each department's bulletin boards; 7. That CUPE Local 74 and the Fire Fighters Local 3139 be provided a copy of this report. 8. That the Clarington Museums and Library staff be provided with a copy of the Report and Workplace Harassment Policy and be invited to attend the information session. o.P.F°~.E~.~,. ~ 2 ~ 1 1.0 BACKGROUND: 1.1 Over the past several years, the Joint Health and Safety Committee have been working on developing a Workplace Harassment Policy. The document also has been reviewed by the Human Rights Commission. 2.0 The draft policy was also reviewed by a committee made up of the Treasurer, the Director of Public Works and the Director of Community Services. 3.0 The attached policy is recommended for Council to endorse. The Policy provides procedures for complaints to be channelled through the appropriate supervisor and ultimately to the Chief Administrative Officer who will deal with each complaint on an individual and consistent basis with the assistance of Legal Counsel as required. 4.0 The Health and Safety Committee expressed some reservation with the appointment of the Chief Administrative Officer as the Harassment Officer. However, while this may not be the ideal situation, given that there is no Human Resources Department in the Municipality, it is deemed to be the most reasonable recommendation at this time. 4.1 In order to fully explore the options available for a Harassment Officer, staff approached the Region of Durham for information on their procedure, and the possibility of utilizing their Harassment Officer. The Region of Durham has not appointed one individual as a Harassment Officer and after lengthy discussion with them, it is recommended that the Municipality of Clarington appoint a Harassment Officer on an interim basis and at the same time allow any supervisor the opportunity to receive the initial complaint. 4.2 The process that has been identified in the policy would allow any complaint or concern to be discussed with any supervisor that an individual is comfortable with. The complaint should be brought by the supervisor to the Harassment Officer. This process avoids placing an individual in a situation of more stress by having to deal with an outside individual as might be the case if the Region of Durham was to provide this service. 5.0 In future, with the development of a Human Resources Department, this function will be transferred along with other Human Resource functions. In the meantime, through the training process, or after working with the policy, staff may have alternate recommendations with respect to the position of Harassment Officer. If an alternate solution is developed, recommendations in that regard will be brought to Council. ~ZU2 6.0 The Health and Safety Committee also expressed concern that harassment complaints that are not covered by the Human Rights Code, i.e. "non-code" issues be addressed in this policy. Staff are recommending that any complaint of harassment be treated as a serious matter and dealt with on a consistent basis. Staff do not recommend at this time that a specific policy be developed to deal with "non-code" issues. The policy is structured to address all situations covered by the Human Rights Code. 7.0 In order to deal with harassment complaints effectively and consistently, it is recommended that training be given to all supervisory staff. It is proposed that this training be a combination of assistance from other municipalities and the Human Rights Commission. In addition, in order to inform all personnel of the information contained in the attached policy and procedures, it is recommended that mandatory information sessions be conducted in-house. 8.0 It is recommended that staff of the Clarington Museums and Library also be given an opportunity to become informed of the policy adopted by Council. Respectfully submitted, v~ W. H. Stockwell, Chief Administrative Officer att. 1203 ATTACHMENT lil TO REPORT ADMIN. 15-97 WORKPLACE HARASSMENT 1204 WORKPLACE HARASSMENT POLICY RESPONSIBILITY The Corporation of the Municipality of Clarington, C.U.P.E. Local 74 and the Clarington Fire Fighters Association, Local 3139 fully supports the right for every employee to work in an environment free from harassment, as specified in the Ontario Human Rights Code; R.S.O. 1990. Every employee has the right to work in an environment free from harassment.. No employee may be harassed because of race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, sex, sexual orientation, age, record of offenses (provincial offenses and pardoned federal offenses), marital status, family status or handicap. In keeping with its legal and social responsibilities as an employer, the management of the Corporation will treat any complaint of harassment as a serious matter. 1205 ONTARIO HUMAN RIGHTS COMMISSION -HARASSMENT WHAT IS HARASSMENT? Any comment or conduct by an employer, someone acting for the employer or a co- worker towards any other employee which is intimidating, annoying or malicious and relates to; race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, sex, sexual orientation, age, record of offenses, (provincial offenses and pardoned federal offenses), marital status, family status or handicap such, as: i) unwelcome remarks, jokes, or insults about a person's racial background, colour, place of birth, ancestry or citizenship; ii) the displaying of racist, derogatory or otherwise offensive pictures or material; iii) insulting gestures or practical jokes based on racial or ethnic grounds which cause embarrassment; iv) a refusal to converse or work with an employee because of his or her racial or ethnic background. v) any other situation as defined by the Human Rights Code. WHAT IS SEXUAL HARASSMENT? a) vexatious comment or conduct that is known, or ought reasonably to be known, to be unwelcome; b) sexual advance or solicitation by a person who is in a position to grant or deny a benefit to another where the advance is known, or ought reasonably be known, to be unwelcome; c) reprisal or threat of reprisal by a person in a position to grant or deny a benefit to a person who has rejected his or her sexual proposition; d) unnecessary or unwanted physical contact, ranging from touching, patting or pinching to physical assault; e) leering or other suggestive gestures; f) unwelcome remarks, jokes, suggestions or insults about a person's physical appearance, attire or sex; g) displaying pornographic pictures or other offensive, sexually explicit material; h) practical jokes of a sexual nature, which cause awkwardness or embarrassment; i) demands or requests for sexual favours, particularly by a person who is in a position to grant or deny a benefit; j) compromising invitations. 2 1206 WHERE IS THE WORKPLACE? The workplace is any location where business of the Municipality is being conducted such as offices and buildings of the Corporation. The workplace includes cafeterias, washrooms, locker rooms, work sites, and on-road vehicles. Harassment which occurs outside the workplace but which has repercussions in the work environment, adversely affecting employee relationships, may also be defined as workplace harassment. WORKPLACE HARASSMENT PROCEDURES FUNDAMENTAL PRINCIPLES 1. A spirit of fairness to both parties must guide the proceedings. This includes the respondent's right to know both the allegations and the accuser, and the rights of both parties to a fair and impartial hearing. 2. Confidentiality must be maintained. Any employee, who is the subject of a complaint, shall have knowledge of the complaint, within two (2) working days. The complainant who wishes to seek a remedy or a sanction through this procedure must be prepared to be identified to the respondent, and those involved in the resolution of the complaint. 3. This policy provides that the complainant not be compelled to proceed with a complaint. It further provides the complainant with the right to withdraw a complaint at any point up to the final disposition of the matter. 4. The respondent is entitled to a specific disposition of the issue. 5. Every effort must be made to stop and desist the harassment immediately. 3 127 NOTE: Any employee may at any time throughout the process (including disciplinary action) seek advice or assistance from the Ontario Human Rights Commission. Any person who believes he/she is being harassed by another person is advised to take the following measures: The Complainant Step #1 -Ask the harasser to stop. Inform the harasser that his or her behaviour is unwelcome. An individual (although he or she should know better) may not realize that he or she is being offensive. A simple chat may resolve the problem. If the person refuses to co-operate, remind him or her that such behaviour is against Municipal policy. Step #2 - Keep a record of harassment. When did the harassment start? (eg. dates, times, locations). What happened? Were there any witnesses? Were there any threats of reprisal? What was your response? Failure to keep a diary of the events will not invalidate your complaint. A record will, however, reinforce it. Step #3 - Lodge a complaint. 3.1 If the harassment, despite your efforts to stop it, continues, you should report the problem to the Municipal appointed Harassment Officer or Department Head or Supervisor. If the offending person is the Municipal appointed Harassment Officer, the complaint should be taken directly to the Chief Administrative Officer or designate. 3.2 Where the official complaint is initially received by a manager or supervisor, it is his/her responsibility to ensure that the Municipal appointed Harassment Officer is notified about the complaint within two (2) working days from when he/she first received it. The Municipal appointed Harassment Officer is then responsible for assessment and initiation of an investigation. 3.3 The Municipal appointed Harassment Officer must acknowledge receipt of a complaint within two (2) working days (to Manager/Department Head/ Complainant/Alleged Harasser). 4 2 The Municipal Appointed Harassment Officer Step #1 -Investigation of Complaint The Municipal appointed Harassment Officer will be responsible for investigating complaints except in situations where it is necessary or appropriate to have the investigation carried out by an external third party. 1.1 Fact Finding The Municipal appointed Harassment Officer will conduct a one on one confidential interview with relevant parties to obtain information and clarify the details of the reported incident. Both parties will have an opportunity to identify witnesses or others to be interviewed. Where witnesses are not ident'rfied, or where otherwise appropriate, co-workers may be interviewed. All interviews will be conducted in a confidential manner. The Municipal appointed Harassment Officer will document the results and conclusions of the investigation after interviewing the complainant, respondent and any relevant witnesses including co-workers if necessary. Complainant, respondents may be asked to verify documentation. Where appropriate and necessary, the Municipal appointed Harassment Officer may contact the Ontario Human Rights Commission for advice or assistance. 1.2 Preliminary findings Where the information revealed early in the investigation suggests a reasonable possibility of resolution, the Municipal appointed Harassment Officer may decide to propose an early settlement prior to conducting the entire investigation. Where this situation arises the Municipal appointed Harassment Officer will convene a meeting with the parties involved to discuss preliminary findings of the investigation and inform participants of the possibility and nature of early settlement and the reasons. This stage allows all parties to become aware of the tentative findings and presents an opportunity, based on the information, to resolve the matter upon agreement of all parties without further investigation. Where agreement is reached and the matter deemed resolved, the Municipal appointed Harassment Officer will prepare a summary report for the Chief Administrative Officer and appropriate Department Head. 1.3 Further Investigations Where, as a result of preliminary findings, a resolution cannot be reasonably proposed or achieved, or where the Municipal appointed Harassment Officer determines. that file closure at this point would not be appropriate, further investigations will be conducted. 5 1209 1.4 Notification and Discussion of Results The Municipal appointed Harassment Officer will subsequently schedule meetings with the complainant, alleged harasser, Department Head and ChiefAdministrative Officer where necessary, to present and discuss the findings and conclusions of the investigation. Separate meetings may be convened if necessary and all parties have a right to be represented. 1.5 Report to Department Head A summary of the complaint and results of the investigation will be provided to the Chief Administrative Officer, Department Head and the parties affected by the outcome. 1.6 Disciplinary Measures If there is evidence of harassment, disciplinary measures will be taken by the Chief Administrative Officer as appropriate. Such discipline may include suspension or discharge. 1.7 Malicious Complaints Where, as a result of an investigation, it is determined that the complaint was made maliciously - with a specific and directed intent to harm, or made in bad faith with reasonable knowledge of any intent to harm, formal disciplinary actions may be taken against the complainant. Documentation regarding the disciplinary action will be placed in the employee's personnel file. Step #2 Steps should be taken to prevent any reoccurrence of the harassment If the complaint is found to be not supported, no documentation of the complaint will be placed with the employee file of the alleged harasser. It is the responsibility of the Department Head to make all reasonable efforts to ensure that workplace harassment does not occur, and that there is no retaliation for having made a good faith complaint, in his or her department. g ~2~~ What If You Are Accused? Assess your behaviour seriously. Understand that even if you did not mean to offend, your behaviour has been perceived as offensive. Cease the behaviour that the person finds offensive and apologize. Failure to cease this behaviour will leave you more vulnerable to a formal complaint which could lead to disciplinary action. If you believe the complaint is unfounded, discuss the matter with your supervisor and/or Department Head. You are entitled to know the allegations against you and to have an opportunity to respond. Document your version of the alleged incident including times, places, what happened and any witnesses. Further information may be obtained from: Ontario Human Rights Commission Scarborough, Ontario 1-800-268-6585 7 ~Z~~