Anti-Harassment Policy
ANTI-HARASSMENT POLICY
PURPOSE: TO CREATE A HARASSMENT FREE WORKPLACE
1.0 Policy Statement
Harassment creates an intimidating, hostile or offensive work environment which undermines the full participation of employees by negatively impacting on an individual’s employment conditions.
HEA does not condone or tolerate harassment of any kind. We are committed to providing a safe & respectful work environment for all employees, management, customers,etc. All complaints of harassment will be taken seriously. We undertake to act on all formal complaints to ensure they are resolved quickly, confidentially and fairly.
2.0 Definition
Harassment is any unwanted physical or verbal conduct that offends or humiliates you and that a reasonable person should have known would be unwelcome. Such conduct can interfere with your ability to do a job.
Harassment is a type of discrimination.
It can take many forms, such as:
- threats, intimidation, bullying or verbal abuse:
- unwelcome remarks or jokes about subjects like your race, religion, disability or age;
- displaying sexist, raciest or other offensive pictures or posters;
- sexually suggestive remarks or gestures;
- unnecessary physical contact, such as touching, patting, pinching or punching;
- physical assault, including sexual assault;
- vandalism of personal property.
What is not considered harassment:
1. Consensual Banter or Relationships – Two or more employees bantering back and forth is not harassment if everyone involved is in agreement. But if any employee feels uncomfortable with this behaviour, and the behaviour continues even after that person expressed their discomfort, or if others involved should have known the person was uncomfortable, then it is harassment. This type of harassment can create a “poisoned work environment”.
2. Legitimate Management Intervention (ie. Performance issues, discipline, etc. is not harassment).
3.0 Every employee is entitled to a work environment free of harassment.
4.0 The Halifax Employers Association and its employer members are committed to:
1. Make every reasonable effort to ensure that no employee is subject to harassment; and
2. Take disciplinary measures against employees who harass other employees.
3. Take disciplinary action against employees found to be making false or vexatious or totally unfounded complaints.
5.0 In order to bring a complaint of harassment to the employers attention you may phone the Halifax Employers Association at 422-4471 or bring it to the attention of the company manager and/or Marine Superintendent where you were working at the time of the incident. However, the first thing an employee who is being harassed should do is tell the harasser to stop. It is essential to make it clear that the behavior is unwelcome and objectionable. If the behaviour does not stop, the employee should ask the employer for assistance.or bring it to the attention of the company manager and/or Marine Superintendent where you were working at the time of the incident. However, the first thing an employee who is being harassed should do is tell the harasser to stop. It is essential to make it clear that the behavior is unwelcome and objectionable. If the behaviour does not stop, the employee should ask the employer for assistance.
Please see the procedure for more details on how to file a formal complaint.
6.0 The Halifax Employers Association and the employers are committed to protect the identity of the parties wherever possible.
7.0 If you have been subject to harassment, you may have the right to file a complaint with the Canadian Human Rights Commission.
* Please refer also to HEA’s Violence in the Workplace Policy
The Halifax Employers Association for an on behalf of:
Cerescorp Incorporated
Furncan Marine
Halifax Offshore Terminal Services Ltd.
Halterm Container Terminal Limited Partnership
Logistec Stevedoring Inc.
Scotia Terminals Ltd. REVISED OCT 2009
ISSUED OCT 2009
PROCEDURE
The following steps will tell you what to do if you are being harassed. This section will also tell you exactly what you can expect from the complaint process, what the possible remedies and penalties for harassment are.
1. Speak Up – The first thing to do if you are being harassed is to tell the person harassing you to stop, if possible. Let them know that you are embarrassed, humiliated, demeaned or otherwise bothered by what they are doing or saying. Often, a person may not be aware that their behaviour is bothersome, and will change the behaviour once they realize this.
2. Make Notes – You could speak to the person directly or write them a letter. If you write a letter, date it and keep a copy. If you speak to them, you may want to tell a trusted friend what you have done and why. You should also make a note of what the bothersome behaviour was, the date it happened, how you felt, what you did about it, and who else was present, if there were witnesses. Ideally, the harassment will stop. If it does not, continue to keep notes. These will be useful later if there is an investigation.
Informal Procedure
1. Speak to the Company Manager
It may be that communicating directly with the person will not be enough, or that you feel unable to deal with her or him directly. In that case, you can speak to your company manager/AOM/or HEA Employee Relations Consultant.
The company manager/AOM/or HEA will ask for details of what happened, will make sure you understand the policy and any other options you have (such as a union grievance), and will ask how you want to proceed. You may ask them to speak to the harasser on your behalf. This informal procedure is optional. You may immediately file a formal complaint with the HEA or, you have the option to go directly to the Canadian Human Rights Commission.
Formal Procedures:
1. Mediation
If circumstances permit it, mediation can come before a formal investigation. Mediation is a process by which a representative from HEA helps the people involved in a complaint reach a solution which is acceptable to both parties. However, either party has the right to refuse mediation. You are the only one who can decide if mediation is appropriate for you. If mediation does occur, each person has the right to be accompanied and assisted during the sessions by someone with whom they feel comfortable.
2. Formal Complain
If the informal route for resolving a harassing situation does not succeed or is not appropriate, HEA supports its employees in filing a formal complaint. It will be investigated, either by a specially trained person from within our organization or a consultant. This person will investigate the complaint thoroughly. He or she will interview the complainant, the alleged harasser, and any witnesses. All employees have a responsibility to co-operate in the investigation.
The investigator will need to know:
* your name and position
* the name and position of the alleged harasser
* details of what happened
* dates, times, and how often harassment occurred
* where it happened
* the names of any witnesses
You will need to be prepared to supply all this information.
If you are the complainant, you have the right to:
* file a complaint and have it dealt with promptly, without fear of embarrassment or reprisal.
* have a person of your choice accompany you during the process, we strongly recommend that this be your union respresentative
* be informed about the progress of your complaint.
* be informed of corrective measures that will result from the complaint.
* receive fair treatment
If you are the individual accused of harassment, you have the right to:
* be informed of the complaint.
* be given a written statement of the official allegations and to respond to them.
* you will be afforded union representation if appropriate should you so desire.
* Please be aware that if someone files a complaint and you are the alleged “harasser” you will have to cooperate fully with the person conducting the investigation, so the facts may be determined.
Other Employees
All employees are expected to cooperate in the investigation of complaints and efforts to resolve them. Employees should be mindful of the sensitivities of the parties and should keep any information related to complaints confidential.
Decision
HEA will inform the person who filed the complaint and the harasser of any disciplinary action, remedies, and changes in working conditions and when they will take effect.
Unsubstantiated Complaints
If a person, in good faith, files a harassment complaint that is not supported by evidence gathered during an investigation, that complaint will be dismissed, and no record of it will be put in the accused harasser’s file. As long as the complaint was made in good faith, there will be no penalty to the person who complained and no record on his/her file.
Complaints Made in Bad Faith
In the event that a complaint was made in bad faith – in other words, the complaint was filed without basis and with deliberate and malicious intent – that person will be subject to discipline up to and including dismissal and a record of the incident will be put on his/her file.
Retaliation
Retaliation is considered a serious disciplinary breach. Anyone who retaliates in any way against a person who has complained of harassment, given evidence in a harassment investigation, or found guilty of harassment, will be subject to disciplinary action up to and including dismissal.
Appeal Process
Unionized employees may appeal a decision of the HEA under the Grievance and Arbitration Procedure.
In the alternative they can file an appeal with the President & CEO of the HEA who will make the final ruling.
Confidentiality
HEA will not disclose a complainant’s or alleged harasser’s name, or any circumstances related to a complaint, to anyone, except as necessary to investigate the complaint or take disciplinary action related to the complaint, or as required by law.
Harassment Complaint Form
Issued Oct. 2009
Name: _____________________________________________________
Union #: _____________________________________________________
Date: _____________________________________________________
1. Who was responsible for the harassment? ________________________________________________________________________________________________________________
2. Date harassment occurred?
_______________________________________________________
3. Description of Harassment:
Include as much information as possible, including dates, times, places and conduct you are complaining about. Attach additional sheets if necessary.
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
4. Potential Witnesses:
List any individuals who may have information about the alleged harassment or who may have observed it.
5. What was your response/your reaction to the alleged harasser?
6. Were you harassed more than once by the alleged harasser? If so, please
give all the details and answer the above questions again.
I understand these incidents will be investigated.
Employee Signature: _____________________________________
Date: _____________________________________
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