Procedure for Resolving and Investigating Harassment and Discrimination Complaints

Transcription

1 CORPORATION OF THE TOWN OF GRAVENHURST CORPORATE POLICIES AND PROCEDURES SECTION: HEALTH AND SAFETY SUBJECT: Respect in the Workplace Schedule A NUMBER: HS-POL-102-A EFFECTIVE: 12/10/12 REVISED: DD/MM/YY REVISION No. 00 PAGE: 1 of 7 AUTHORITY: CAO SIGNATURE: Original Signed Procedure for Resolving and Investigating Harassment and Discrimination Complaints Informal Procedure If an employee believes that they are being harassed or discriminated against, the first thing to do is to tell the person to stop. The employee needs to do so as soon as they receive any unwelcome comments or conduct. Although this may be difficult to do, telling the person they don t like their actions is often enough to stop the behaviour. Some of the things the employee can say that might stop the behaviour include: I don t want you to do that. Please stop doing or saying It makes me uncomfortable when you I don t find it funny when you If the harassment continues after the employee has confronted the individual, the employee may want to provide him or her with a written statement of the situation. The written statement should include specific details of the behaviours they consider to be harassing, their request to the harasser to stop and their expectations that he or she will stop. It should also include details of the next steps that they plan to take if the harassment does not stop, such as filing a formal complaint. A copy of this statement needs to be kept by the employee. An employee may request assistance in preparing their written statement. The employee should keep a record of any incident(s) that they experience. This includes when the harassment started, what happened, whether there were any witnesses and what their response was. If the employee believes that someone who is not a member of the Employer, such as a customer, supplier, etc., has harassed or discriminated against them, the employee should report the harassment to their supervisor or an Advisor member. Although the Employer has limited control over third parties, the Employer will do its best to address the issue and prevent further problems from arising. Formal Procedure If the complaint cannot be resolved informally through an Advisor, or if it is too serious to handle on an informal basis, the employee may bring a formal complaint to the Manager of Human Resources.

2 Title: Respect in the Workplace Schedule A Policy No.: HS-POL-102-A Page: 2 of 7 If the employee brings a formal complaint forward, the Employer will need as much written information as possible, including the name of the person they believe is harassing them, the place, date and time of the incident(s), and the names of any possible witnesses. A copy of the Workplace Violence and Harassment Incident Report form (attached as Appendix A ) is available from the Manager of Human Resources. It is important that the Employer receives the employee complaint as soon as possible so that the problem doesn t escalate or reoccur. Once the complaint is received, the Employer will initiate a formal investigation, if it is necessary and appropriate to do so. Discrimination and harassment are serious matters. Therefore, if the employee decides not to make a formal complaint, the Employer may still need to investigate the matter and take steps to prevent further harassment. For example, the Employer may need to continue with an investigation if the allegations are serious or if there have been previous complaints or incidents involving the respondent. It is the Employer s policy not to investigate anonymous complaints unless there are extenuating circumstances. Investigation Procedure The Manager of Human Resources will commence an investigation as quickly as possible. An external investigator may be used to assist with the investigation, depending on the nature of the complaint. The investigation will include: interviewing the complainant and respondent to ascertain all of the facts and circumstances relevant to the complaint, including dates and locations interviewing witnesses, if any reviewing any related documentation; and making detailed notes of the investigation and maintaining them in a confidential file Once the investigation is complete, the investigator(s) will prepare a detailed report of the findings to the Chief Administrative Officer (or designate). A summary of the findings will also be provided to the complainant and the respondent. It is the Employer s goal to complete any investigation and communicate the results to the complainant, the respondent and the Joint Occupational Health and Safety Committee within thirty days after receipt of a complaint, where possible.

3 Title: Respect in the Workplace Schedule A Policy No.: HS-POL-102-A Page: 3 of 7 Corrective Action The Chief Administrative Officer (or designate) will determine what action should be taken as a result of the investigation. The Manager of Human Resources will inform the complainant and respondent of the results of the investigation and whether (but not necessarily what) corrective measures were taken, if any were necessary. If a finding of harassment is made, the Employer will take appropriate corrective measures, regardless of the respondent s seniority or position with the Employer. Corrective measures may include one or more of the following: discipline, such as a verbal warning, written warning or suspension without pay termination with or without cause referral for counseling (sensitivity training), anger management training, supervisory skills training or attendance at educational programs on workplace respect a demotion or denial of a promotion reassignment or transfer financial penalties such as the denial of a performance related salary increase, and any other disciplinary action deemed appropriate under the circumstances. If there is not enough evidence to substantiate the complaint, corrective measures will not be taken. If an employee makes a complaint in good faith and without malice, regardless of the outcome of the investigation, they will not be subject to any form of discipline. The Employer will, however, discipline or terminate anyone who brings a false and malicious complaint. Procedure for Resolving and Investigating Workplace Violence Workplace Violence The employee has the right to refuse work if workplace violence is likely to endanger them. In that instance, the employee needs to immediately contact their supervisor (or designate) at which point appropriate measures will be taken to protect them and investigate the situation. The employee will be moved to a safe place as near as reasonably possible to their normal work station and will need to be available for the purposes of investigating the incident. Where applicable, subject to the provisions of the relevant Collective Agreement, the employee may be provided with reasonable alternative work during normal working hours.

4 Title: Respect in the Workplace Schedule A Policy No.: HS-POL-102-A Page: 4 of 7 In appropriate circumstances, the Employer may contact the police, or other emergency responders as appropriate, to assist, intervene or investigate workplace violence. Details about the measures and procedures for summoning immediate assistance will be provided and may include: equipment to summon assistance such as fixed or personal alarms, locator or tracking systems, phones, cell phones, etc emergency telephone numbers and/or addresses Workplace Violence Emergency Procedure/Quick Reference (see Appendix B ) Provided the situation is dealt with quickly and the danger to workers is removed, the necessity of work refusal may be alleviated. Investigation Procedure The employee is required to report the existence of any workplace violence or threat of workplace violence to their supervisor, an Advisor or the Manager of Human Resources. The Manager of Human Resources will commence an investigation as quickly as possible. An external investigator may be used to assist with the investigation, depending on the nature of the incident. The investigation will include: conducting interviews of relevant individuals to ascertain all of the facts and circumstances relevant to the complaint, including dates and locations reviewing any related documentation; and making detailed notes of the investigation and maintaining them in a confidential file. Once the investigation is complete, the investigator(s) will prepare a detailed report of the findings. The report will be submitted to the Chief Administrative Officer. A copy of the report will be provided to the Joint Occupational Health and Safety Committee. Corrective Action The Chief Administrative Officer will determine what action should be taken as a result of the investigation. If a finding of workplace violence is made, the Employer will take appropriate corrective measures, regardless of the respondent s seniority or position with the Employer.

5 Title: Respect in the Workplace Schedule A Policy No.: HS-POL-102-A Page: 5 of 7 Corrective measures may include one or more of the following: discipline, such as a verbal warning, written warning or suspension without pay termination with or without cause referral for counseling (sensitivity training), anger management training, supervisory skills training or attendance at educational programs on workplace respect a demotion or denial of a promotion reassignment or transfer financial penalties such as the denial of a bonus or performance related salary increase, and any other disciplinary action deemed appropriate under the circumstances. If an employee makes a complaint in good faith and without malice, regardless of the outcome of the investigation, they will not be subject to any form of discipline. The Employer will, however, discipline or terminate anyone who brings a false and malicious complaint. Procedures for Addressing Domestic Violence If an employee is experiencing domestic violence that would expose them to physical injury in the workplace or the employee is experiencing workplace violence or believes that workplace violence is likely to occur, the employee may seek immediate assistance by contacting their Supervisor, an Advisor member or the Manager of Human Resources, who will assist in preventing and responding to the situation. Confidentiality of Complaints and Investigations The Employer recognizes the sensitive nature of harassment and violence complaints and it will keep all complaints confidential, to the extent that it is able to do so. The Employer will only release as much information as is necessary to investigate and respond to the complaint or situation or if required to do so by law. Out of respect for the relevant individuals, it is essential that the complainant, respondent, witnesses and anyone else involved in the formal investigation of a complaint maintain confidentiality throughout the investigation and afterwards. Protection from Retaliation The Employer will not tolerate retaliations, taunts or threats against anyone who complains about harassment or takes part in an investigation. Any person who taunts, retaliates against or threatens anyone in relation to a harassment or violence complaint may be subject to discipline or termination.

6 Title: Respect in the Workplace Schedule A Policy No.: HS-POL-102-A Page: 6 of 7 APPENDIX B WORKPLACE VIOLENCE EMERGENCY PROCEDURE/QUICK REFERENCE Warning Signs of a potentially violent person: Verbal, nonverbal, or written threats or intimidation, explicit or subtle Fascination with weaponry and/or acts of violence Expression of a plan to hurt self/others Feelings of persecution, expressed distrust, especially with management Fear reaction to employee among coworkers/clients Frequent interpersonal conflicts Displays of unwarranted anger Indications of marked mood swings Violence toward inanimate objects Sabotaging projects or equipment Holding a grudge against a specific person; verbalizing a hope that something will happen to them. What to do if there is an incident: Employee: If an emergency, or if you suspect criminal conduct, call your immediate supervisor OR call 911 immediately Notify immediate Supervisor and follow department emergency plan as directed If not an emergency, inform your immediate supervisor (or designate) of the incident Guidelines for developing a department emergency plan are outlined in Appendix C. Managers and Supervisors: If an emergency, or if you suspect criminal conduct, call 911 immediately Notify immediate Supervisor and follow department emergency plan as directed If not an emergency, contact the Manger of Human Resources and the Chief Administrative Officer for advice and direction. An investigation will then be initiated Guidelines for developing a department emergency plan are outlined in Appendix C. What to do following an incident - Managers and Supervisors: Contact the Manager of Human Resources and the Chief Administrative Officer for initial debriefing and assessment Emergency Phone Numbers Please fill in the Emergency Phone Numbers appropriate for your building. Copy this section and tape on your desk by your phone or somewhere else close to your phone for handy reference. (Copies of this card also can be made.) Immediate Supervisor: Building Security/Front Desk: Police/Fire/Ambulance Emergency: 911 Health Unit: Joint Health and Safety Committee Member(s): Human Resources Manager Chief Administrative Officer

7 Title: Respect in the Workplace Schedule A Policy No.: HS-POL-102-A Page: 7 of 7 APPENDIX C Department Emergency Plan A Department emergency action plan should include the following: Procedures for calling for help Procedures for calling for medical assistance Procedures for notifying the proper authorities (security personnel and the police) Procedures for emergency escape and routes (could be the same as those outlined in the Fire Emergency Evacuation Plan) A list of safe places to escape inside and outside of the facility Procedures for securing the work area where the incident took place Procedures for accounting for all employees if a facility is evacuated (may be the same as those outlined in the Fire Emergency Evacuation Plan) A list of personnel who may be called upon to perform medical or rescue duties, and A requirement for training and educating employees in workplace violence issues and the emergency action plan. Other elements may include: Procedures for securing the workplace A list of internal emergency numbers and/or code words to alert security or coworkers that urgent help is required Identifying the circumstances in which a command centre would be necessary and how it would be set up Assigning responsibilities for decision making and action to staff with the appropriate skills and authority. Appointing alternates in case a key player is absent during the incident Providing clear guidelines to follow in various situations Providing the training necessary to respond to and defuse potentially violent situations Outlining how supervisors are expected to respond to reported incidents of violence or harassment Identifying scenarios where emergency services should be called and identifying who is responsible for contacting emergency services such as: Security - Emergency Response Personnel - Victim Support Resources or Other Outside Assistance. Identifying scenarios where the work location would be locked-down (taking refuge in a secure location) or evacuated using the existing fire emergency evacuation procedures Rehearsing evacuation and lock-down procedures, or any other drills for specific situations likely to be encountered at the workplace Providing a system to account for the safety of all personnel. May be the same as for fire emergency evacuation procedures Procedures for: Providing immediate first-aid and medical help Dealing with Emergency staff and Police Completing medical and legal reports and forms. Procedures for the sensitive management of communications regarding the incident (i.e. informing members of the victim s family, internal communications, media relations, etc.) The Department Emergency Response Plan must consider any additional specific issues that may exist at a specific work place but which may not be covered in the list above.