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COUNCIL
POLICY September 21, 2020
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SECTION: Administration
TITLE: Respect in the Workplace
PURPOSE:
The purpose of this policy is to:
a. Promote respect for the dignity of all employees, elected officials,
volunteers, residents and customers
b. Maintain a work environment that is free from discrimination, bullying and
harassment
c. Establish a mechanism for receiving complaints of workplace
discrimination, bullying and harassment
d. Provide a procedure by which the Town will deal with such complaints
e. Provide education on how to proactively support a respectful workplace.
POLICY STATEMENT:
The Town of Oliver is committed to providing a respectful working environment in
which all individuals are treated with respect and dignity. Each individual has the
right to work in a professional atmosphere that is equitable, respectful and free
from bullying, harassment and discrimination.
Workplace bullying, harassment and discrimination will not be tolerated in this
workplace. All individuals will be treated in a fair and respectful manner.
This policy statement applies to all workers, including permanent, temporary,
casual, contract, and student workers, elected officials, volunteers, residents and
customers; and they must:
a. Not engage in the bullying and harassment of others
b. Report if bullying and harassment is observed or experienced
c. Apply and comply with the Town’s policies and procedures on bullying and
harassment.
This policy will be reviewed every year, and all workers will be provided with a
copy.
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DEFINITIONS:
Bullying and Harassment1
a. Includes any inappropriate conduct or comment by a person towards a
worker that the person knew or reasonably ought to have known would
cause that worker to be humiliated or intimidated, but
b. Excludes any reasonable action taken by an employer or supervisor relating
to the management and direction of workers or the place of employment.
Examples of conduct or comments that might constitute bullying and harassment
include verbal aggression or insults, calling someone derogatory names, harmful
hazing or initiation practices, vandalizing personal belongings, and spreading
malicious rumors.
Discrimination 2
Human Rights Code: Discrimination includes the conduct described in sections 7,
8 (1) (a), (9) (a) and (b), 10 (1) (a), 11, 13 (1) (a) and (2), 14 (a) and (b), 43 and
47.21;
A person must not discriminate against a person regarding employment or any
term or condition of employment because of the race, colour, ancestry, place of
origin, political belief, religion, marital status, family status, physical or mental
disability, sex, sexual orientation, gender identity or expression, or age of that
person or because that person has been convicted of a criminal or summary
conviction offence that is unrelated to the employment or to the intended
employment of that person.
CONFIDENTIALITY:
General:
To protect the interests of the complainant, the respondent, and persons who
report incidents of discrimination, bullying and harassment in the workplace,
confidentiality will be maintained throughout the process to the extent permitted by
the investigation.
Information and Records:
All information relating to the complaint (including content of meetings, interviews,
results of investigation, and other relevant materials) will be disclosed only to the
extent necessary to carry out the procedures under the policy, or where disclosure
is required by law. Information collected and retained is subject to the privacy
protection provisions of the Freedom of Information and Protection of Privacy Act,
and the Personal Information Protection Act.
1 WorkSafe BC Policy
2 Human Rights Code
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RESPONSIBILITIES:
The Town of Oliver’s Occupational Health and Safety Program “Policy on
Preventing and Responding to Bullying and Harassment in the Workplace” sets
out acceptable standards of behavior in the workplace and makes a clear
statement that bullying and harassment will not be tolerated.
The Town is committed to providing a work environment where all employees are
treated fairly, with dignity and respect.
Employer Responsibilities:
Every Employer must ensure the health and safety of all Workers working for that
Employer and any other Workers present at a workplace at which that Employer’s
work is being carried out.
Every Employer must provide to the Employer’s Workers the information,
instruction, training and supervision necessary to ensure the health and safety of
those Workers in carrying out their work.
The Town of Oliver is responsible to:
a. Adopt an appropriate policy supported by detailed procedures on reporting
and responding to complaints of workplace bullying and harassment
b. Prepare and introduce appropriate pro forma documentation for the
purpose of recording, reporting and investigating complaints of workplace
bullying and harassment
c. Ensure policies and procedures relating to workplace bullying and
harassment are effectively implemented at all levels within the operation
d. Take all reasonable steps where possible to prevent or minimize workplace
bullying and harassment
e. Lead by example by not engaging in bullying and harassment behavior
against Town Workers or Supervisors.
Workers Responsibilities:
Every Worker must take reasonable care to protect the Worker’s health and safety
and the health and safety of other persons who may be affected by the Worker’s
acts or omissions at work.
Workers have duties and responsibilities specific to the prevention of bullying and
harassment in the workplace that include:
a. Becoming familiar with the Town’s policy against bullying and harassment
in the workplace, and applying and complying with all related procedures
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b. Not engaging in bullying and harassment of other Workers, Supervisors, the
Employer or persons acting on behalf of the Employer
c. Immediately reporting if bullying and harassment is observed or
experienced in the workplace.
Supervisors Responsibilities:
Every Supervisor must ensure the health and safety of all Workers under his/her
direct supervision.
Supervisors have duties and responsibilities specific to the prevention of bullying
and harassment in the workplace that include:
a. Not engaging in bullying and harassment of Workers, other Supervisors, the
Employer or persons acting on behalf of the Employer
b. Becoming familiar with the Town’s policy and all related procedures and
applying and complying with them
c. Effectively communicating all policies and procedures to Workers so they
are informed and properly instructed in their due diligence expectations
d. Enforcing compliance as part of Worker supervision.
PROCEDURES:
Initial Action:
An individual who considers that he or she, or someone else, has been subjected
to bullying, harassment, or discrimination (the complainant) should keep a written
record of the offensive behavior, including the date(s), time(s), circumstances,
witnesses (if any), and any other pertinent information.
See: Employees Record of Bullying Incidents Form Attached
The complainant is encouraged to bring the matter to the attention of the person
responsible for the conduct. If the complainant is not comfortable bringing the
matter directly to the attention of the person, or where such an approach is
attempted and does not produce a satisfactory result for the complainant, the
complainant may seek assistance from the Reporting Contact and/or Union
Representative and follow the Reporting Procedures.
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Reporting Procedures:
1. How to Report
Incidents or complaints of workplace bullying and harassment can be
reported verbally or in writing. When submitting a written complaint, please
use the workplace bullying and harassment complaint form. When reporting
verbally, the reporting contact, along with the complainant, will fill out the
complaint form.
See: Workplace Bullying and Harassment Complaint Form Attached
2. When to Report
Incidents or complaints should be reported as soon as possible after
experiencing or witnessing an incident. This allows the incident to be
investigated and addressed promptly.
3. Reporting Contact
Report any incidents or complaints to the appropriate Management
Supervisor. If the complaint involves the Chief Administrative Officer, the
complaint should be reported to the Mayor.
4. Alternate Reporting Contact
If the complainant’s Supervisor, if the reporting contact name(s) in Step 3 is
the person engaging in bullying and harassing behavior, contact the Chief
Administrative Officer. If the complaint involves the Chief Administrative
Officer, the complaint should be reported to the Mayor.
5. What to include in a Report
Provide as much information as possible in the report, include names of
people involved, witnesses, where the events occurred, when they
occurred, and what behavior and/or words led to the complaint. Attach any
supporting documents, such as emails, handwritten notes, or photographs.
Physical evidence, such as vandalized personal belongings.
6. Matters involving Mayor and/or Council
Concerns under this policy that involve members of Council must be dealt
with in a unique way. In all cases, such complaints should be reported to
the Chief Administrative Officer with the knowledge of the Council member
that is the subject of the complaint. The Chief Administrative Officer shall
discuss the matter with the Council member and with the complainant,
preferably together.
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If the matter involves a Councillor and cannot be resolved to the satisfaction
of the parties, the Chief Administrative Officer shall so inform the Council
member and report the matter to the Mayor for further action pursuant to
the Mayor’s role under the Community Charter. Similarly, if the matter
involves the Mayor and cannot be resolved to the satisfaction of the parties,
the Chief Administrative Officer shall so inform the Mayor and report the
matter to Council for further action.
7. Investigation Timeline
Each incident reported will be investigated in a timely manner and
appropriate remedial action will be taken upon completion of the
investigation. The Town will strive to address complaints within sixty days.
See: Bullying and Harassment Incident Investigation Form
The resolution will ensure that all matters, which has been substantiated
through the investigative process will be stopped, and that a respectful work
environment is created for all individuals implicated in the complaints.
Disciplinary action will be taken where warranted in the opinion of
management or Council.
Individuals who file a complaint under this Policy may still file a Human
Rights complaint with the BC Human Rights Tribunal if applicable.
DISCIPLINE PROCEDURES:
Employees:
All employees who violate provisions of this policy are subject to disciplinary
procedures. The following steps will be used as a general guideline, but the
severity of the violation and the elapsed time since previous violation(s), if any, will
be taken into account and may result in additional warnings for minor offenses or
immediate suspension or termination for first offenses of a very serious nature.
1. First contravention:
a. Verbal warning followed up with a letter of expectation which will be
placed in the employee’s personnel file.
2. Second contravention:
a. Letter of discipline plus one day work suspension without pay.
3. Third contravention:
a. Letter of discipline plus one week work suspension without pay.
4. Fourth contravention:
a. Termination of employment.
Volunteers/Committee Members:
1. Volunteers and Committee members who violate provisions of this policy
are subject to removal from their committees or their volunteer positions.
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Residents/Customers:
1. Residents or customers who violate provisions of this policy may be denied
service and/or asked to leave the municipal facility.
Council:
1. Council members who violate provisions of this policy are subject to private
or public sanction from the rest of Council, which on serious matters may
include legal attempts to have the member disqualified from office.
EDUCATION AND TRAINING:
To ensure Managers and Supervisors have the knowledge and skills to prevent
and properly respond to reports of workplace bullying and harassment, provision
is made for all Supervisory staff at the Town to attend an appropriate education
session.
Education sessions will be presented by the Occupational Health & Safety
Contractor.
Education and training objectives will include at least the following:
a. WorkSafe BC’s Policy on Bullying and Harassment in the
b. General Duties and responsibilities (Employer, Supervisor, Worker –
Workers Compensation Act)
c. Specific obligations (Employer, Supervisor, Worker)
d. Relevant terms of reference
e. Recognizing the potential for bullying and harassment
f. Recognizing signs and symptoms of bullying and harassment
g. Understanding the impact of bullying and harassment on the workplace
h. Responding to reports or complaints of bullying or harassment
i. Communicating with a bully
j. Investigating and following up on incidents
k. Additional topic information
To ensure knowledge levels remain effective, refresher training will be scheduled
every two years or so and evidence of all training will be documented and kept on
file.
EMPLOYEES RECORD OF BULLYING INCIDENTS
OCCUPATIONAL HEALTH AND SAFETY
PROGRAM
Complete this form in the event you wish to record details of an incident of bullying and harassment. In the
event you wish to use this information to make a formal complaint, please refer to the reporting procedures for
bullying and harassment outlined in the Town ’s policy and procedure for workplace bullying and harassment.
Guidelines
Provide all information and describe the event as accurately as you can. Stick to the facts and include
information on exactly what was said, the tone used, any physical gestures you feel are relevant. Be
sure to explain the effect this behaviour had on you at the time. Did you feel humiliated, frightened,
threatened or intimidated?
Your name
Your Department Supervisor
Name/s of the alleged bully/bullies 1.
2.
3.
Date/
Time
Location
Name/s of
Witness/es
Your description
of the event
Impact on you
(How it made you
feel)
EMPLOYEES BULLYING AND HARASSMENT
COMPLAINT FORM
Complete this form if you wish to make a formal written complaint of bullying and harassment against you.
Please refer to the reporting procedures for bullying and harassment outlined in the Town’s policy and
procedure for workplace bullying and harassment.
Guidelines
Provide all information required below and where applicable attach supporting documentation. If you
have additional information, use a separate sheet of paper and include with attachments?
Date report completed:
Your name:
Your Department Manager’s name:
Name/Job Title of recipient of this report:
(If other than your Department Manager)
Date and time of incident:
Date:
Time:
Location of incident:
Description of incident:
(How did it start, what happened, how did
it end up?)
Was the bully a co-worker YES NO
Have you spoken to the person/s
concerned (Direct dialogue)?
YES
NO
Name/s of the alleged bully/bullies: 1.
2.
Name/s of witness/s: 1.
2.
Supporting documents included?
(If YES, please ensure these are securely
attached)
YES
NO
_________________________ ____________________________
Your signature Date report completed/submitted
_________________________ ____________________________
Complaint recipient signature Date report received
1
BULLYING AND HARASSMENT INCIDENT
INVESTIGATION FORM
RELATED INFORMATION
How was the incident reported: VERBALLY IN WRITING
If in writing, is the worker’s report and all
supporting documentation attached?
YES NO
Name/Job Title of investigator
Date incident reported by complainant
Date of this investigation
Name/Department of complainant
Name/Department of alleged bully
Location of alleged bullying incident:
Summary of incident as described by
complainant:
Names of witness/s 1.
2.
3.
Names of others present 1.
2.
3.
Union representation present? YES NO
If YES above, please provide name.
2
INTERVIEWS
#1 Name of person interviewed: ____________________________________
Summary of feedback:
#2 Name of person interviewed: _______________________________________________
Summary of feedback:
#3 Name of person interviewed: _______________________________________________
Summary of feedback:
FINDINGS/RESOLUTION/OUTCOME
Based on feedback and findings of the investigation, is there indication that the allegations would fall under the
scope of the Town’s policy on bullying and harassment and WorkSafe BC’s definition as outlined below?
Bullying and harassment includes any inappropriate conduct or comment by a person towards a
worker that the person knew or reasonably ought to have known would cause that worker to be
humiliated or intimidated but excludes any reasonably action taken by an employer or supervisor
relating to the management and direction of workers or the place of employment.
YES NO
If NO above, please provide reason/s below.
If YES, please detail intended actions to resolve the matter and provide the names of all persons to be
involved.
3
State below what arrangements will be put in place to monitor the effectiveness of actions taken.
SIGNATURES
________________________________ _________________
Complainant Date
________________________________ _________________
Respondent (Alleged bully) Date
________________________________ _________________
Investigator Date
________________________________ _________________
Union Official Date
________________________________ _________________
Joint Committee Co-Chair Date
________________________________ _________________
Department Supervisor (Complainant) Date
________________________________ _________________
Department Supervisor (Respondent) Date
DISTRIBUTION
Copies to: (Please provide details as applicable)
1. ______________________________
2. ______________________________
3. ______________________________
4. ______________________________