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HomeMy WebLinkAboutRespectful Workplace Policy with Instructions and Form Cape Breton Regional Municipality Human Resource Services Policy Category: Employment Ref: ____ Approved By Council: June 21, 2011 Page: 1 of 6 Amended: March 12, 2019 Respectful Workplace Policy PURPOSE The Cape Breton Regional Municipality’s greatest resource is its Employees. It is essential to CBRM that staff are provided with, and contribute towards, a respectful workplace where the values of trust, fairness, integrity, consideration and dignity guide our interactions with one another. The CBRM is committed to providing a work environment in which all individuals are treated with mutual respect and dignity. In our diverse and equitable workplace, the CBRM endeavors to ensure all employees have the opportunity to contribute fully to the CBRM's mission, and that each employee's unique contribution is respected. While the CBRM's "Human Rights and Harassment Policy" addresses harassment as prohibited by the NS Human Rights Code, this policy deals specifically with disrespectful workplace behaviour. Disrespectful behaviour, commonly referred to as "personal harassment," is not covered by human rights legislation. The focus of this Policy is to ensure a respectful workplace, prevent disrespectful behaviour and outline guidelines to address disrespectful workplace behaviour should it occur. SCOPE This policy applies to all CBRM employees and Council. This Policy applies to the workplace itself, and to work-related events. It includes disrespectful behaviour involving CBRM employees that happens away from the workplace or after regular working hours, where those behaviours have a negative impact on the workplace. Disrespectful behaviour towards employees by volunteers, members of the public, contractors, Council Officials, advisory body members, and those doing business with the CBRM is also prohibited. R e s p e c t f u l W o r k p l a c e P o l i c y P a g e | 2 DEFINITIONS Respectful Workplace is a work environment where individuals treat each other with respect at all times which includes: •• •• inclusion of people with different backgrounds, strengths and opinions; •• •• safety from disrespectful, bullying or intimidating behaviours; •• •• individual accountability for effective workplace relationships involving the constructive resolution of differences. Complainant means the individual making a complaint that disrespectful behaviour has occurred. Disrespectful behaviour is behaviour that: •• •• ought reasonably to be known or expected to be offensive, humiliating or intimidating; •• •• has a clear and demonstrably negative effect on the complainant; •• •• includes either words or actions and can consist of a single incident or a number of incidents; Some examples of disrespectful behaviour as defined under this Policy include, but are not limited to: •• •• public ridicule or humiliation; •• •• verbal or written abuse or threats; •• •• insulting, derogatory or degrading comments, jokes or gestures; •• •• directing profanity or violent language at another employee; •• •• unjustifiable or deliberate interference with another's work or work sabotage; •• •• interference with or vandalizing personal property; •• •• bullying, which can be defined as offensive, malicious, intimidating, ostracizing, insulting or humiliating behavior. Some examples of conduct that are not considered disrespectful behaviour under this Policy include, but are not limited to: •• •• welcome, mutually consensual relationships or social invitations that do not involve inappropriate or offensive behaviours, intimidation, explicit or implicit threat of retaliation, or misuse of power; •• •• conduct that a reasonable person would find welcome or neutral; •• •• exercise of the CBRM's right to direct the workforce, including all aspects of supervising and managing such as giving appropriate and legitimate performance feedback, managing employee attendance, coaching, and discipline; •• •• disagreements or misunderstandings; •• •• conflicts or quarrels between co-workers unless they include disrespectful behaviours as outlined above. Respondent means the individual alleged to have engaged in disrespectful behaviour. R e s p e c t f u l W o r k p l a c e P o l i c y P a g e | 3 POLICY STATEMENTS 1 General CBRM employees shall not be subjected to, and shall not subject another individual to, disrespectful behaviour as defined in this Policy. 2 Roles and Responsibilities The CBRM has the primary responsibility to establish and maintain a respectful workplace as defined in this Policy. 2.2 Human Resources The responsibilities of Human Resources include to: •• •• ensure a fair, prompt and equitable process is followed; •• •• champion respectful workplace behaviours and practices; •• •• protect the privacy and confidentiality of all individuals involved; •• •• work with Managers to determine corrective action; •• •• where appropriate, facilitate joint involvement of management, union representatives and other staff to resolve issues. 2.3 Supervisory Staff and Managers Supervisors, Managers and Department Heads have an essential role in preventing and resolving disrespectful behaviour issues. Managers are responsible not only for their own actions, but also for dealing with the actions of staff under their supervision. Their primary responsibilities with respect to disrespectful behaviour are to: •• •• ensure staff is provided with information about and access to policies and procedures related to behaviour expectations; •• •• model appropriate respectful behaviour; •• •• monitor the workplace for incidents of disrespectful behaviour; •• •• intervene promptly and appropriately when they know, or ought reasonably to know, that disrespectful behaviour is occurring; •• •• work cooperatively with Human Resources to resolve and remedy instances of disrespectful behaviour; •• •• take steps to restore positive working relationships. 2.4 Employees All employees are a part of creating a respectful workplace and have a responsibility to refrain from disrespectful behaviours as defined in this Policy, and to: •• •• act in a professional manner consistent with the standards that support this Policy; R e s p e c t f u l W o r k p l a c e P o l i c y P a g e | 4 •• •• take personal responsibility to maintain respectful working relationships and constructively resolve conflicts; •• •• seek out support and assistance if required from their Supervisor, Manager, Human Resources Designate, Union representative or other resource to effectively resolve workplace conflicts; •• •• co-operate with, and participate in, any related investigation process as required. 3 Complaint Resolution Procedures 3.1 Informal Resolution The CBRM strives to provide a wide range of options to resolve complaints informally. Informal resolution may include, but is not limited to behavioural guidelines or agreements, apologies or other measures acceptable to both the Complainant and Respondent. Informal resolution approaches may include: • Discussing concerns directly with those involved if it is reasonable and safe to do so. Often the easiest way to stop disrespectful behaviour is to let those involved know that certain behaviours are disrespectful, unwelcome and inconsistent with CBRM policy. • Requesting assistance from an appropriate party to assist in discussing concerns with those involved. An appropriate party could include a Supervisor, Manager, Department Head, Human Resource Designate or Union representative; A Human Resources Designate or Manager may suggest interim measures to be taken during either the informal or formal processes. 3.2 Formal Resolution If a complaint cannot be resolved informally, a formal complaint may be made in writing by the Complainant to either the Human Resources Designate, Union representative or other colleague they feel comfortable in assisting them in writing a formal complaint. As all staff have a responsibility in creating a respectful workplace, occurrences of disrespectful behaviour may be reported to Human Resources by another party such as a colleague or Manager. The formal resolution process is initiated once a written complaint is received. Once a formal written complaint of disrespectful behaviour is made, Human Resources will commence an investigation if appropriate and may recommend the engagement of an external party in the investigation process. An investigation may be carried out by the Human Resources Designate directly, or assigned to an independent third-party. R e s p e c t f u l W o r k p l a c e P o l i c y P a g e | 5 Formal resolution investigations cannot be carried out anonymously. The identity of the complainant and the allegations contained in the complaint will be made known to the individual(s) alleged to have engaged in disrespectful behaviour and he/she shall be provided an opportunity to respond to the allegations. At the conclusion of the investigation, the investigator will document his/her findings and any recommendations for the resolution of the disrespectful behaviour. Human Resources will work with management to determine the appropriate action to be taken, communicate the decision to the Complainant and Respondent, identify follow-up actions to ensure the issue has been resolved and provide any additional support deemed necessary for the parties involved. Should it be found that the disrespectful behaviour constitutes discrimination as defined by the NS Human Rights Act, the investigation will be carried out under the terms of the "Human Rights and Harassment Policy." Concerns about disrespectful behaviour should be raised as soon as reasonably possible to ensure disrespectful behaviour does not go unaddressed. It is recommended that staff bring forward concerns no longer than 6 (six) months from the time of the last alleged incident of disrespectful behaviour, although this does not preclude a complaint being raised at a later date. 3.3 False or Malicious Complaints If a Complaint is found to be false or brought for malicious purposes, the CBRM may take disciplinary measures against the Complainant, up to and including termination of employment. 4 Retaliation Any form of retaliation or discrimination against an employee because that person initiated a complaint, or because that person acted as a witness or participated in a complaint resolution process will be considered a violation of this Policy. Retaliation may result in discipline up to and including termination of employment. If an employee believes that they have been subjected to retaliation as set out above, that person may submit a written complaint to their departmental Manager who will review the complaint with Human Resources, to ensure the allegation is appropriately addressed. 5 Consequences of Disrespectful Behaviour Engaging in disrespectful behaviours or retaliation may result in disciplinary action up to and including termination of employment. Repeated instances of disrespectful behaviour will be considered as one of the factors in determining the appropriate level of disciplinary action. R e s p e c t f u l W o r k p l a c e P o l i c y P a g e | 6 6 Confidentiality Information collected and retained by Human Resources during the course of an investigation process is treated as confidential. During the investigation process, Human Resources will limit disclosure of investigation-related information to that which is necessary to resolve the complaint. Information collected and retained by Human Resources may be required to be released by law including release required in court proceedings, arbitration or other legal proceedings. 7 Collective Agreements and Legislation In the event that any portion of this Policy is inconsistent with a binding CBRM collective agreement or federal or provincial legislation, that portion and only that portion of the Policy shall have no application to the extent of that inconsistency. All other portions of the Policy shall continue in full force and effect. Issued by: Approved by: Date: Amendment Date: CBRM Human Resources Council June 21, 2011 March 12, 2019 Cape Breton Regional Municipality Human Rights Harassment Policy & Respectful Workplace Policy Formal Complaint Form Instructions: Cape Breton Regional Municipality is committed to providing a working environment that is free of harassment and discrimination. Prior to completing this form, it is important for you to be fully aware of the specific complaint procedure in the CBRM Policies – Human Rights Harassment Policy and Respectful Workplace Policy. It is not a requirement that you use this form to file a complaint; however, if you do it will help you focus the issues in a manner that will assist in the assessment, investigation, and possible resolution of the complaint(s). Be sure to specify the incident(s) giving rise to the complaint, the date(s) of the incident(s), names of the person(s) involved and names of those who may have witnessed the incident(s). The complaint is not limited to the space provided on this form. Feel free to add more pages and include any relevant documentation that may assist. Please note that the information provided on this or any other form is not considered an official complaint unless it is signed by you and dated. Upon receipt of your complaint, the Human Resource department will review it to determine if the complaint is complete, timely and raises issues covered in the policy. It is important to fully understand that the written complaint will be forwarded to the Respondent for response. Submit the Complaint by mail: Or in person to: CBRM Human Resources Department Human Resources Department 320 Esplanade, Room 303 Sydney, NS B1P 7B9 CBRM - Harassment Complaint Form PART I Complainant’s Name: _______________________________________________________________________________ Address: _____________________________________________________________________________________________ Telephone Number: ________________________________________________________________________________ Department: _________________________________________________________________________________________ Position/Job Title: __________________________________________________________________________________ Name of Immediate Supervisor: ___________________________________________________________________ PART II Type of Harassment: Verbal Physical Property Date and Time of the Incident: _____________________________________________________________________ Person who was responsible for the harassment: Supervisor: ☐ Co-worker: ☐ Customer/Client: ☐ Other: ☐ Name: ________________________________________________________________________________________________ Position: _____________________________________________________________________________________________ Did it occur more than once? Yes ☐ No ☐ Location of Incident: _______________________________________________________________________________ Describe the circumstances in which the incident took place: - During your working hours? - When did it start? - When did it stop? - Is it still going on? CBRM - Harassment Complaint Form ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ What was your reaction? __________________________________________________________________________ ________________________________________________________________________________________________________ How did you feel? __________________________________________________________________________________ ________________________________________________________________________________________________________ Did you do anything to talk to anyone after the incident? Give details: ________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ Part III Describe the incident: ______________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ CBRM - Harassment Complaint Form __________________________________________________________________________________________________________ ______________________________________________________________________________________________________ Was it the first and only incident? _________________________________________________________________ If not, list all previous incidents including time, place and nature of the events: ______________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ List Witnesses to the Harassment: (1) Name: _______________________________________________________________ Department: __________________________________________________________ Home Phone: _________________________________________________________ (2) Name: _______________________________________________________________ Department: __________________________________________________________ Home Phone: _________________________________________________________ CBRM - Harassment Complaint Form I understand that the incident(s) described above will be investigated, I will be given an opportunity to explain further, and I will be informed of the results of the investigation. Complainant’s Signature: ___________________________________________________ Date: ___________________________________________________________________ FOR OFFICE USE ONLY Matter was referred to investigation on ___________________________________________________(date) Investigation was completed on ____________________________________________________________(date) Final report was produced on ______________________________________________________________(date) Complaint was: established / not established Parties were informed of outcome on _____________________________________________________(date) Action taken: ________________________________________________________________________________________ ________________________________________________________________________________________________________ [Note: Make the complaint form part of your sexual harassment policy. Consult with your lawyer to ensure that the complaint form is suitable to your organizational needs and meets with the legal requirements of your province or state.]