Maintaining a Respectful Workplace. Sue Ferguson Michael Hancock

Transcription

1 Maintaining a Respectful Workplace Sue Ferguson Michael Hancock

2 WARNING This presentation may require interaction with other people

3 Outline of Presentation What does respect mean to you? What does respect mean in the workplace context? Why respect matters The legal context Human rights Collective agreement WorkSafeBC CSA Psychologically Safe Workplace Best practices for a respectful workplace

4 Table Discussion: Respect Can you remember a time when you did not feel respected? What actions or words made you feel that way? If respect was a bank account, what behaviours or actions would be deposits/withdrawals?

5 Respectful Workplaces (Common Themes) Employees are valued Communication is polite and courteous Conflict is addressed in a positive and respectful manner Disrespectful behavior, harassment, and bullying are addressed

6 Why Does it Matter? Workplace bullying and harassment leads to: Health and safety issues Physical and/or psychological injury Lower productivity Lower morale Higher absenteeism Staff turnover targets of bullying and harassment and their co-workers

7 Why is This Important to Trustees? Collective agreement process in E.2 does not apply to trustees (Arbitration Don Monroe, 1999) Unions can grieve that a workplace is not harassment free

8 Why is This Important to Trustees WorkSafeBC policy applies to anyone who harasses a worker Includes trustees, parents, students, and the general public Workers include all employees

9 Why Does it Matter: the Legal Context Human rights Collective agreement WorkSafeBC CSA Psychologically Safe Workplace

10 BC Human Rights Code A person must not a. Refuse to employ or refuse to continue to employ a person, or b. Discriminate against a person regarding employment or any term or condition of employment because of their race, colour, ancestry, place of origin, political belief

11 Harassment Harassment is a form of discrimination based on the following grounds of the BC Human Rights Code Race, colour, ancestry Place of origin, political belief, religion Marital status, family status, physical or mental disability, sex, sexual orientation Age, conviction of a criminal or summary offence unrelated to the employment

12 WorkSafeBC Definition 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 reasonable action taken by an employer or supervisor relating to the management and direction of workers or the place of employment

13 WorkSafeBC Employer duties (policy D ) Worker duties (policy D ) Supervisor duties (policy D )

14 Roles and Responsibilities Employer duties include Not engaging in bullying and harassment of workers Developing a workplace policy Taking steps to prevent or minimize bullying and harassment Developing and implementing procedures for dealing with incidents and complaints Informing and training workers and supervisors Annually reviewing the policy statement and reporting procedures

15 Roles and Responsibilities Supervisor duties include Not engaging in bullying and harassment of workers Applying and complying with the employer s policies and procedures on bullying and harassment Workers duties include Not engaging in bullying and harassment of workers Reporting bullying and harassment observed or experienced in the workplace Applying and complying with the employer s policies and procedures on bullying and harassment

16 Collective Agreements

17 Sexual Harassment...is a form of discrimination defined as any unwelcome comment or conduct of a sexual nature that may detrimentally affect the work environment or lead to adverse jobrelated consequences for the person experiencing the harassment

18 Personal Harassment Any improper behaviour that would be offensive to any reasonable person, is unwelcome, and which the initiator knows or ought reasonably to know would be unwelcome Objectionable conduct, comment, materials or display made on either a one-time or continuous basis that demeans, belittles, intimidates, or humiliates another person

19 Personal Harassment The exercise of power or authority in a manner which serves no legitimate work purpose and which a person ought reasonably to know is inappropriate Misuses of power or authority such as intimidation, threats, coercion, and blackmail

20 ARTICLE E.2 FLOWCHART Complainant may choose to speak with or correspond directly with respondent Resolved OR Complainant may approach principal/vice principal, staff rep or other contact person for assistance Resolved Step 2 If Not Resolved Complainant may file a complaint with Superintendent or designate, which must include the specific instances and the type of harassment Employer shall notify alleged harasser of the complaint in writing and provide notice of investigation If the Superintendent is involved in the matter, the complaint shall be immediately referred to either BCPSEA or a third party for investigation Step 3 Employer shall review the particulars and request clarification. The employer may either suggest mediation or appoint an investigator. Complainant may request the investigator be of the same gender. The investigator should complete the investigation in 20 working days unless otherwise agreed to by the parties. Resolved If Not Resolved Complainant may initiate a grievance. If alleged harasser is the Superintendent, the parties agree to refer the complaint directly to expedited arbitration

21 Components of Harassment A reasonable person would know the behavior to be unwelcome Abuse of power Discriminatory Negative job-related effect Intent does not matter Repetition or verbal protest is not necessary

22 Practical Tips Dealing with Difficult People

23 Practical Tips Common Flashpoints Are the purposes or goals of projects and meetings clearly defined? Does everyone take responsibility for keeping the conversations focused on the issue at hand? Does everyone knows personal attacks will not be tolerated? Verbal and non-verbal messages

24 Humour DO: Feel free to make jokes at work! Use humour that decreases prejudice by focusing on the universal human experience Think about your humour before you share it Have a light-hearted attitude DON T: Use humour that contains messages that: Exclude people Separate people Put someone down Ridicule others Destroy self-esteem Use stereotypes of groups Encourage a negative atmosphere Offend others or lacks awareness of others feelings Are inappropriate

25 Not Harassment Routine supervision Performance evaluations Imposition of appropriate discipline A request or directive to do something that a reasonable person would consider reasonable as part of a job function Lack of friendliness An apparent grumpy response Denial of a request for time off Other routine day-to-day interaction between an employer and an employee

26 What Can be Done to Stop Workplace Bullying and Harassment? Listen to the target Don t gossip Offer support (e.g., employee assistance program, counselor) Document details of what you see to share in an investigation Dates Details Witnesses Tell the bully to stop

27 Working Agreement Commit to respectful conversation Respect personal space Professional tone in workplace Refrain from gossiping Check in weekly with Sign off with both parties

28 Thank You!