Harassment in the Workplace

Policy

Policy statement

Every employee of the department will be treated fairly in the workplace and will be provided an environment that is free of harassment, offensive behaviour and discrimination. Any behaviour that is found to constitute harassment or discrimination will not be tolerated. Such conduct will be dealt with in a manner consistent with the severity of the infraction, including disciplinary action up to and including discharge.

Application

This policy applies to all employees of the department, including specified period employees and students. It also applies to non employees who are working in the department, including contract workers, volunteers, emeritus workers, and visiting scientists. It extends to situations of harassment which occur at or away from the workplace, during or outside working hours, provided that such situations have a negative effect on the working relationships, work effectiveness or job security of the department employee.

Definitions

Harassment means any improper behaviour by an employee that is directed at and is offensive to another employee, and which that person knew or should reasonably have known would be unwelcome. It comprises objectionable conduct, comment or display made on either a one time or continuous basis that demeans, belittles, or causes personal humiliation or embarrassment to an employee of the department. It includes harassment within the meaning of the Canadian Human Rights Act, i.e. based on any of the prohibited grounds of discrimination listed in that Act.

Sexual Harassment means any conduct, comment, gesture or contact of a sexual nature, whether on a one time basis or in a continuous series of incidents, that might reasonably be expected to cause offence or humiliation to an employee; or that the employee might reasonably perceive as placing a condition of a sexual nature on employment or on an opportunity for training or promotion. Generally, sexual harassment is deliberate, unsolicited, coercive and one sided and both male and female employees can be the victim or the perpetrator.

Abuse of Authority is a form of harassment that occurs when an individual improperly uses the power and authority inherent in his or her position to endanger an employee's job, undermine the performance of that job, threaten the economic livelihood of the employee, or in any way interfere with or influence the career of the employee. It includes intimidation, threats, blackmail and coercion. (See Procedures and Guidelines which follow, General, paragraph 2.)

Procedures and Guidelines

General

The definition of harassment has been written in a broad context, to provide for the greatest amount of protection to all employees. However, it must be recognized that harassment is considered a very serious matter in the department, and employees who commit such infractions will be subject to disciplinary action. As well, any managers who knowingly permit harassing or discriminatory behaviour to continue in their organization once they have become aware will be subject to disciplinary action. Employees must have reasonable grounds before making a complaint. Otherwise they may cause severe and possibly irreparable damage in the workplace.

All situations which appear to meet the definition may not ultimately be defined as instances of harassment. For example, an employee identified as surplus or an unsuccessful candidate in a staffing process may feel offended or threatened, and yet a careful review of the facts may confirm that there is no evidence of harassment. Similarly, the attempts of a supervisor to coach an employee with performance problems may not constitute abuse of authority, if the supervisor's actions are based on objective, demonstrable facts; or liaisons between two employees may not be confirmed as constituting sexual harassment if the facts do not support the claim. These examples are provided with the understanding that the department has no intention to limit the definition of harassment, nor limit the commitment to deal completely and expeditiously with incidents that are brought to the attention of managers and/or supervisors.

Coordinator of Harassment Complaints

The Coordinator of Harassment Complaints for the department is the Director, Staff Relations and Compensation Division. The Deputy Minister, while recognizing her ultimate responsibility and authority for the department Harassment Policy, has authorized the department Coordinator of Harassment Complaints to manage all activities related to the implementation and ongoing effectiveness of the department Harassment Policy. That includes the authority to receive and coordinate the resolution of harassment complaints. It also includes the responsibility to ensure that systems and procedures are in place to support the Policy, e.g. the amendment of all letters of offer and contracts for employment to include a condition/statement with respect to the Harassment Policy and their obligations to the department.

Confidentiality

All managers, employees and other persons who are aware of a harassment complaint, or involved in its resolution, must recognize the seriousness of the situation and respect the sensitivity and confidentiality that must be accorded to the matter. They must refrain from discussing the complaint amongst themselves or with anyone who does not have a 'need to know'. Every effort must be made to preserve the dignity and self respect of the parties to the complaint. All information and documentation concerning a complaint will therefore be kept and transmitted as confidential/protected material. Those who do not fully respect such confidentiality may be subject to discipline.

Information and Communication

The Deputy Minister will write to all employees once a year, to advise them of their responsibilities and rights under the department Harassment Policy and to ensure that they are aware of all guidelines and procedures. At the same time, the Deputy Minister will direct Assistant Deputy Ministers to discuss the issue with all responsible managers and supervisors, to explain their responsibilities and accountabilities, offer support and ensure that they are aware of the resources available to assist them.

Assistant Deputy Ministers and their management teams may develop and distribute such special communications as they believe are necessary or appropriate to ensure that all aspects of the department Harassment Policy are known, understood and followed in their Sector.

Each new employee, including students, will be given a copy of the department Harassment Policy during the documentation process. A copy of the Policy will also be provided to 'workers' (such as emeritus or visiting scientists, assignment, contract, and agency people) when they sign the agreement/contract to work in the department.

Informal Complaint Process (Early Mediation)

The Informal Complaint Process is intended to provide a mechanism through which an employee is able to discuss a claim of harassment in an open, honest and non threatening manner with the person who is offending him/her. The hope is that through early mediation both parties will understand the point of view of the other, and that the behaviour causing the problem will cease. This approach provides an opportunity for the problem to be eliminated expeditiously, and hopefully before the parties become entrenched and adversarial.

An employee who feels that he or she has been subjected to harassment should, where possible, immediately make his or her disapproval clearly known to the individual(s) concerned and ask that the behaviour stop. The employee should also make notes of both the incident and the discussion. These notes should be specific, and include the dates, times, locations and the names of any other people or witnesses involved. If the employee is uncomfortable to approach the individual(s) concerned alone, he/she should seek the assistance of the supervisor, Human Resource Advisor or Senior Staff Relations Advisor (Harassment Caseworker). Should the parties decide that the services of an additional mediator would be helpful; the Harassment Caseworker will coordinate the acquisition of a mediator who is satisfactory to all.

Should the employee decide not to proceed with the matter, his/her wishes will be respected. However, if the situation which caused the complaint is considered serious, management will be informed because of their need to know. Because of the managers' responsibility to ensure that the workplace is harassment free, action may be taken to address the situation, in a confidential manner as an organizational matter without reference to the complaint itself.

Formal Complaint Process

When the complainant wishes, he/she should forward the complaint in writing to the department Coordinator of Harassment Complaints, Staff Relations and Compensation Division, 140 Promenade du Portage, Phase IV, Gatineau, Quebec K1A 0J9 (Fax: (819) 953-1271 ).

When the department Coordinator of Harassment Complaints receives a complaint, it will normally be assigned to the Harassment Caseworker (Senior Staff Relations Advisor) for the Sector involved. The Harassment Caseworker will review the complaint and will meet with the complainant to establish and confirm all of the basic facts.

The employee/person against whom a harassment complaint has been lodged and the complainant will be notified in writing, as soon as possible, that the complaint has been received. This notice will include a statement of the nature of the complaint and the assertions made, the names of any witnesses, and any relevant documents. It will also include a statement of the steps that the Harassment Caseworker will follow to have the complaint mediated and/or investigated, and the proposed time frames. Both parties will be provided with a copy of the department Harassment Policy, so that they understand the broader context of the process. They will also be advised of their right to be accompanied by a person of their choice (including a representative of their union/bargaining agent) during any interviews related to the complaint.

At the same time, the Assistant Deputy Minister of the Sector concerned will be made aware of the complaint and a proposed action plan for its resolution. The Assistant Deputy Minister may decide at that time to involve the applicable Director General or Director. If necessary, the Assistant Deputy Minister will be advised to take immediate action and direct the line manager to physically or hierarchically separate the employee against whom the complaint has been lodged and the complainant. Such action may include the identification of alternate work for one of the employees; consideration of telework for one or both of the employees; or consideration of an application for leave for one or both of the employees.

Step 1: Informal Mediation/Resolution

In all cases of a complaint made to the department Coordinator of Harassment Complaints an attempt will be made, subject to the agreement of the parties, to resolve the matter informally, prior to beginning a formal investigation. Such resolution would require the agreement of the complainant and the respondent(s). The Harassment Caseworker will contact the parties, inform them of their right to representation and interview them separately concerning the reported incident(s) of harassment.

If the Harassment Caseworker then determines that the issue can be resolved informally at the complaint stage, an attempt will be made to reconcile the parties. This would normally be coordinated by the Harassment Caseworker although a neutral mediator may be acquired, either from within the department or from the private sector, when the case warrants. Both the respondent and complainant will be consulted during the selection of a mediator, and must approve of the choice. When early mediation resolves the complaint, the basis for the final confidential report will be limited to a description of the agreement between the parties.

Step 2: Formal Investigation

In those cases where a formal investigation is required the Assistant Deputy Minister will be advised immediately, and he/she will approve the acquisition of the services of an Investigator. Bargaining agents/unions will be consulted during the selection of the investigator, where appropriate.

The Investigator will be selected from one of four lists: (a) employees and managers selected and trained from among the department staff, (b) trained investigators from other parts of the Public Service, including the Public Service Commission, (c) investigators from the private sector who are approved by the Coordinator of Harassment Complaints/Harassment Caseworker, or (d) trained investigators from the department bargaining agents/unions. In cases where costs are incurred in order to investigate a complaint, those costs will be borne by the Sector in which the complaint has occurred.

The Investigator will proceed in accordance with terms of reference established for the investigation, in consultation with the Assistant Deputy Minister. The investigator will document the situation accurately and completely. The individuals who provide information during the investigation will be advised that the information they provide will form part of a confidential report, a copy of which will be provided to both the complainant and the person against whom the complaint has been lodged. They will also be advised that they may be called upon in the future to testify before a third party, should that become necessary. At the conclusion of each interview, the Investigator may wish to read his or her notes back to the witness.

Upon completion of the formal investigation, the written confidential report will be provided to the Harassment Caseworker. That report will include all relevant factual information, signed testimony of the parties, and appropriate analysis of the information.

Step 3: Report to Assistant Deputy Minister

Upon receipt of the Investigator's report, the Harassment Caseworker will:

1. contact both the complainant and the person against whom the complaint was lodged, provide each of them with a copy of the investigation report, and give them an opportunity to respond to the statements in the report and/or provide any additional information relevant to the complaint;

2. make any changes that either party believes are necessary, after verifying them with the Investigator;

3. bring the report to the attention of the Assistant Deputy Minister of the Sector concerned, provide him/her with a copy, and provide advice concerning any corrective action considered appropriate;

4. prepare a letter for the department Coordinator of Harassment Complaints, to advise the person against whom the complaint has been lodged and the complainant of the outcome of the investigation and of the ADM's decision.

Follow up on Complaints

Assistant Deputy Ministers are responsible for ensuring that corrective action is taken by management when warranted. Such action may include discipline in cases when an employee has unreasonably pursued a claim that is unfounded and determined to have been frivolous and/or vexatious. The Harassment Caseworker will liaise with local management to follow up on such action, and the Coordinator of Harassment Complaints will report the outcome to the Assistant Deputy Minister.

Once a complaint has been investigated, whether informally or formally, managers and supervisors will monitor the situation closely to ensure that all parties to the complaint make the transition back to their assigned work as smoothly and as quickly as possible. When warranted, that may include the acquisition of professional counseling to assist all parties to deal with the outcome of the process. Managers and supervisors will also monitor their work environment closely to ensure that there is no potential for repeating the unwelcome behavior.

Other Redress Mechanisms

Employees are encouraged to use the department process to resolve harassment complaints. However, an employee who prefers another route, or who is not satisfied with the actions taken within the Department, may refer the complaint to the Investigations Directorate of the Public Service Commission or to the Canadian Human Rights Commission. It is understood that either of these agencies may refer the complaint back to the department for resolution before they enter into mediation or an investigation. Another option would be to present a grievance.

NOTE: All complaints of harassment forwarded to the department Coordinator of Harassment Complaints will be mediated or investigated. However, they will be pursued as a harassment complaint only when it appears that: (a) the complaint relates to harassment as defined in this Policy; (b) the complaint would not be more appropriately dealt with by either the Investigations Directorate of the Public Service Commission or the Canadian Human Rights Commission, in which case the complainant will be advised to refer the complaint immediately to that other body; (c) the complaint has substance and has been made in good faith; and, (d) the complaint is based on acts or omissions the last of which occurred less than one year before receipt of the complaint (or such longer period as the Department considers appropriate). The complainant will be notified if the complaint is not considered to be a harassment complaint; and they will be advised what action(s) will be taken to investigate and resolve the situation. This may include workplace assessment, i.e. a confidential review of the situation to determine if there is something that might be interfering with objective and positive operations in the work unit. Although this will not be done in the context of a harassment complaint, it will be done in the interests of ensuring a healthy and professional workplace.

Professional/Counseling Services

The department managers have the discretion to pay fees for professional services such as counselling (but not legal services) in connection with a harassment complaint. Where such fees are paid for one of the parties, the same opportunity must be provided to the other party/parties.

All requests for professional services will normally be channelled through EVAP and the services will be obtained through the department provider.

In cases where an employee wishes to acquire the services of a provider other than EVAP, the Harassment Caseworker will verify that there is a benefit to this departure from normal practice and that the fee schedule is acceptable. The Harassment Caseworker will then assist the employee in making a proposal to his/her manager, so that the expenditure may be approved by the applicable Assistant Deputy Minister.  Invoices for professional services will be sent to and paid by the Sector in which the parties work. In cases involving two Sectors, invoices for professional service will be processed by the Sector in which the employee accessing the service works.

It should be noted that complainants who wish to acquire the services of a lawyer are responsible for all expenses related to that decision. Respondents and other employees who are involved in the complaint will also be personally responsible for retaining a lawyer, unless the facts of the situation meet the requirements of the Treasury Board policy governing representation of public employees ("Policy on the Provision of Legal Assistance to Crown Servants").

Monitoring

The department Coordinator of Harassment Complaints will acquire and maintain a record of: general communications to employees; the frequency and nature of training; the number of complaints, including the nature and outcome of investigations or mediation; post complaint monitoring; the nature and cost of post complaint counselling; corrective action or disciplinary action; investigation and mediation costs.

A report of the foregoing will be provided to the Deputy Minister at the end of each fiscal year. Information required by the Treasury Board Secretariat will be provided on request.

References:

* Treasury Board of Canada Policy: Harassment in the Work Place;
* Canadian Human Rights Act;
* Access to Information Act;
* Privacy Act;
* Public Service Staff Relations Act;
* Treasury Board Manual (Materiel, Risk and Common Services, Chapter 2-6), "Policy on the Provision of Legal Assistance to Crown Servants".