Workplace Violence and Harassment policy – cross Canada compliane

[Leonard Maccarone]

#110834

Forum: Private

Hi Glenn,

Below is our Respectful and Inclusive Workplace policy which essentially covers the Harassment portion of our Violence and Harassment policy.
This is the second submission that I had to cut and past separately.

Thank you.

Leonard Maccarone
March of Dimes.

Introduction/Objective:
MODC is committed to work environments that are psychologically safe, respectful and
inclusive, that are free from incivility, harassment and discrimination, and that value the
wellbeing and individual contributions of our diverse people.
All our people are expected to model our Values and demonstrate behaviours aligned with our
Culture Code. The purpose of this Policy is to clarify MODC’s expectations of appropriate
workplace conduct, ensure compliance with provincial Human Rights Codes (“Codes”),
Occupational Health and Safety Acts (“OHSA’s”), our collective agreements, and to outline a
range of options for resolving incivility, harassment and/or discrimination and other conflicts to
foster work environments where our diverse people can thrive.
Scope:
This Policy applies to all MODC’s People, including all employees, volunteers, students, job
applicants, and Board Members and all activities that take place on MODC premises. The
Policy also applies to employment related activities that occur elsewhere, including (but not
limited to) the provision of care/service, learning, teaching, research, community undertakings,
partnership activities, social functions, fundraising events, social media posts and activities
involving usage of MODC’s technology or communications systems.
Policy Statement:
MODC recognizes a shared responsibility among all members of its community to create and
foster a healthy, respectful and inclusive workplace culture. MODC will take all reasonable
steps to prevent and rectify conduct that is contrary to our Values (Culture Code) and this
Policy. Discrimination and/or harassment are prohibited related to the following grounds: use of
French, race, Indigenous identity, ancestry, place of origin, colour, ethnic origin, citizenship,
political beliefs/affiliation, creed, sex, sexual orientation, gender identity, gender expression,
age, record of offences, marital status, family status and disability. Individuals found to have
engaged in conduct contrary to this Policy, face consequences, up to and including termination
of employment. A range of resolution options are available for our people who believe that they
may have experienced incivility, harassment and/or discrimination.
Key Terms & Concepts:
Refer to Appendix A Glossary of Terms, to enhance understanding of key terms and concepts.
Page 1 of 7
People & Culture Policy
Policy Name:
Program/Department: Creation Date:
(month, year)
Respectful and Inclusive
Workplace Policy
People and Culture
Next Review
Date:
February 2023 May 2026
Roles and Responsibilities:
All MODC People are responsible to:
• Uphold rights and responsibilities under this Policy, in good faith.
• Build and maintain respectful, positive and productive workplace relationships.
• Make efforts/seek support to adjust behaviour found to be disrespectful by others.
• Work cooperatively to resolve conflicts in the workplace.
• Report conduct witnessed or experienced, believed to be in violation of this Policy,
regardless of the violator’s position or level within MODC.
• Cooperate with efforts to resolve conduct alleged to be in violation of this Policy which
may include participating in meetings, answering questions honestly, producing
documentary/electronic evidence when requested, etc.
• Complete required Respectful and Inclusive Workplace training.
• Maintain confidentiality regarding dispute reporting, investigations, and remedial actions.
• Comply with any action required by management at the conclusion of the investigation.
All People Leaders are responsible to:
• Pro-actively foster psychologically safe, respectful and inclusive work environments
• Post this Policy in all workplaces (OHSA obligation).
• Ensure completion of annual Harassment/Discrimination Prevention training by all
employees supervised/managed.
• Take action commensurate with the nature of any incident/concern/complaint they
become aware of to stop discrimination, harassment or any other inappropriate
behaviour (note: a manager cannot agree, “to do nothing,” even when that is requested
by employees).
• Address complaints of incivility, harassment and discrimination from members of the
public, visitors, clients, etc.
• Inform and consult Senior Management and respective People & Culture Business
Partner regarding activities related to incivility, discrimination or harassment.
• Restore workplaces disrupted by complaint resolution processes or Policy violations.
• Implement recommendations and corrective action at the conclusion of a dispute
resolution process.
People & Culture (P&C) are responsible to:
• Provide management and employees with advice and support on the interpretation and
administration of this Policy.
• Assist employees and managers to resolve incivility, harassment, discrimination in a
timely, effective and sensitive manner.
• Develop and maintain procedures, guidelines, training and other tools for dealing with
inappropriate conduct and building values based, positive and productive workplaces.
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People & Culture Policy
Policy Name:
Program/Department: Creation Date:
(month, year)
Respectful and Inclusive
Workplace Policy
People and Culture
Next Review
Date:
February 2023 May 2026
• Conduct various forms of dispute resolution, including undertaking formal investigations,
when necessary.
• Engage specialist support, as necessary, for interventions required to restore
workplaces.
• Conduct an annual review of MODC’s harassment and discrimination program in
consultation with the Joint Health and Safety Committees and update where necessary.
• Administer a confidential People and Culture email PeopleAndCulture@marchofdimes.ca
for our people to seek advice and support with resolution efforts.
Senior Leaders are responsible to:
• Foster a culture aligned with our Purpose and Values (Culture Code) by setting,
modeling and communicating MODC’s standards of civil, respectful and inclusive
conduct
• Ensure organizational capacity (resources, education, supports, tools) to preserve
respectful, inclusive work environments
• Hold managers accountable for maintaining respectful and inclusive workplaces, free
from incivility, harassment and discrimination and for implementing remedies to resolve
breaches of this Policy
Joint Health and Safety Committee
• Participate in consultation on this Policy and related program as often as necessary, but
at least annually
Policy Requirements:
Anyone who believes they have been subjected to or witnessed incivility, harassment and/or
discrimination or a breach of our Values (Culture Code) should report the situation immediately
to their supervisor/manager. If the conduct involves their supervisor or manager, they should
report the situation to that person’s supervisor/manager, another member of management,
directly to their People & Culture Business Partner, the Vice President, People & Culture, or
(anonymously) to Clearview Connects – see Dispute Resolution Facilitated by an External Third
Party, below.
Policy violations include, but are not limited to the following conduct:
• Engaging in discrimination, harassment or incivility in any aspect of employment, which
may include, but is not limited to, recruitment, selection, promotion, learning,
development, performance management, redeployment, layoff, pay, benefits,
termination, job assignment, granting leaves of absence, etc.
• Behaviours that are contrary to MODC’s Culture Code.
• Discrimination, harassment or incivility in any aspect of the provision of services to
clients, their families, suppliers or visitors.
Page 3 of 7
People & Culture Policy
Policy Name:
Program/Department: Creation Date:
(month, year)
Respectful and Inclusive
Workplace Policy
People and Culture
Next Review
Date:
February 2023 May 2026
• Failure to explore accommodation, short of undue hardship, in accordance with
provincial Codes, Workplace Safety and Insurance Acts, provincial Accessibility Acts, or
MODC policies.
• Creating, contributing to, or condoning a poisoned/toxic work environment.
• Failure of management to appropriately respond to allegations or incidents of incivility,
discrimination, harassment, or a poisoned/toxic work environment.
• Interference with a harassment or discrimination investigation, including failure to
cooperate, intimidating a complainant, respondent or witness; or influencing a person to
give false or misleading information.
• Reprisal, including threatening or retaliating against anyone for exercising a right or
participating in a process under this Policy, or against any other person who is
performing a legitimate role under this Policy.
• Making trivial, frivolous, vexatious or bad faith allegations, complaints, or accusations.
• Failure to preserve confidentiality related to dispute reporting, investigation, resolution.
Procedures:
Refer to Appendix B for step-by-step details on MODC’s Complaint Resolution Process
The following procedures will assist MODC’s People in exercising their rights and sets out
MODC’s process to prevent, correct and remedy inappropriate behaviour, e.g., incivility,
harassment and/or discrimination. These procedures offer a range of internal dispute resolution
avenues.
1. Individual Resolution
As a first step, where appropriate, witnesses to and/or recipients of inappropriate conduct are
encouraged to speak directly with respondents to try to resolve concerns through dialogue.
When having such a discussion, it is recommended that the individual
a) Meet privately and describe the event(s).
b) Explain the impact of the behaviour and request that it stop immediately.
c) If appropriate, generate possible solutions and an agreement on how to move forward.
d) Make a note of the discussion and date.
Individual resolution provides parties in dispute the opportunity to craft the resolution of their
dispute and select remedies that best fit their needs. A range of training to enhance conflict
resolution skills is offered through the Training Institute.
Page 4 of 7
People & Culture Policy
Policy Name:
Program/Department: Creation Date:
(month, year)
Respectful and Inclusive
Workplace Policy
People and Culture
Next Review
Date:
February 2023 May 2026
2. Dispute Resolution by Management and/or People & Culture
MODC’s People may benefit from expert advice before deciding how to proceed with a dispute
and can consult their respective management or the P&C Business Partner, confidentially, at
PeopleAndCulture@marchofdimes.ca . Bargaining unit employees can also consult their
unions.
Individuals can also raise concerns to the above noted groups when they are not able to resolve
inappropriate conduct themselves or where the conduct continues after asking the person to
stop. When issues are raised to P&C by complainants or management (in their role of resolving
disputes), P&C will support parties with appropriate conflict resolution approaches.
3. Making a Complaint
Individuals who wish to make a complaint are encouraged to detail their concerns in writing so
that MODC can ensure that allegations are fully explored. Individuals need to provide details of
the alleged offending behaviour, including names of parties involved, a timeline of the events
with approximate dates and times, and the identification of witnesses, if any. Information should
be included to answer the following questions:
• Who is the complaint about? (Name all parties)
• What is the alleged behavior being complained about?
• Has the complaint been reported through another complaint avenue; if yes, to whom?
• When did the alleged behaviour occur (provide a day, month, and year, or if over a
period of time, indicate the approximate start and end dates)?
• Where (in what MODC region, office, or other location etc.) did the alleged behaviour
take place?
• Who (if anyone) witnessed the alleged behaviour?
• What were the actual consequences/impacts of the alleged behaviour (if known)?
• Are there any additional details that would provide a more complete picture of the
complaint being alleged?
The complaint allegation details may be submitted to the supervisor/manager or to P&C who
will take action to address, resolve and remedy the complaint. See section 4 below to report via
a third party administered system, a complaint or concern about an alleged policy violation or
improper conduct/behaviour.
4. Third Party Administered Reporting
Employees, including leaders, volunteers and students may also report known or suspected
improper activity/conduct or an alleged breach of a MODC policy to MODC’s confidential, third
party, Clearview Connects – refer to MODC’s Safe Disclosure (Whistleblower) Policy for
information about this option. Where matters are reported anonymously, the employee will not
Page 5 of 7
People & Culture Policy
Policy Name:
Program/Department: Creation Date:
(month, year)
Respectful and Inclusive
Workplace Policy
People and Culture
Next Review
Date:
February 2023 May 2026
be contacted regarding outcomes. An Intake Officer will ask a series of questions to ensure
that MODC has sufficient details to canvass the matter and ensure a safe and respectful
environment.
Responsibilities of Parties to a Dispute
All persons involved in a dispute, including complainants, respondents, support persons,
witnesses, management, union representatives and People and Culture representatives are
responsible for:
a) Making good faith efforts to report and resolve a dispute.
b) Treating disputes as confidential. Refer to Appendix A – Glossary of Terms for a full
explanation of confidentiality expectations under this procedure.
c) Cooperating in dispute resolution activities; individuals who fail to cooperate with dispute
resolutions and/or attempt to obstruct these procedures may be subject to discipline up
to and including termination of employment.
d) Making reasonable adjustments to behaviour that is inconsistent with MODC Policy.
e) Complying with action required by management at the conclusion of an investigation.
Management is responsible for preventing and addressing inappropriate behaviour covered by
the Respectful and Inclusive Workplace Policy and can seek advice from People and Culture on
dispute prevention and/or resolution options. Management, with the support of People and
Culture is also responsible for implementing recommendations and corrective action at the
conclusion of dispute resolution process.
The People and Culture Department is responsible for administering the Respectful and
Inclusive Workplace Policy, Procedure and Program. P&C will undertake assessments of
incidents/complaints and investigations into workplace incivility, harassment, discrimination,
where local management is not able, or it is not appropriate for them to resolve concerns. P&C
may explore the broader issues that led to a complaint to determine remedies that foster a
psychologically safe and inclusive workplace.
Employee and Family Assistance While MODC’s Employee and Family Assistance Program
(EAP) will have no involvement in employee disputes, they can support parties engaged in a
dispute resolution process.
External Complaint Avenues may include an application to a provincial Human Rights
Tribunal, a Ministry of Labour, a Labour Relations Board, a civil suit, a criminal
complaint, or a grievance pursuant to the terms of an applicable collective agreement.
Where a complaint is made through an avenue such as those identified above, P&C
has discretion to commence/continue a process under this Policy, place the process
initiated under this Policy in abeyance pending the outcome of the alternate process, or
decline to initiate/discontinue a process commenced under this Policy.
Page 6 of 7
People & Culture Policy
Policy Name:
Program/Department: Creation Date:
(month, year)
Respectful and Inclusive
Workplace Policy
People and Culture
Next Review
Date:
February 2023 May 2026
Contacts and Other Resources:
• For questions, our people may speak to their leader, another leader or the Business
Partner and/or VP of the People and Culture Department
• People can also seek confidential advice and support at
PeopleAndCulture@marchofdimes.ca People & Culture Department)
• Appendix A – Glossary of Terms (Key Concepts and Definitions)
• Appendix B – Steps in MODC’s Complaint Resolution Process
• Appendix C – Complaint Resolution Process Flow Chart
• Appendix D – Employee Guide to Support Conflict Resolution
• Appendix E – Management Guide: Addressing Employee Complaints/Incidents of
Incivility, Harassment, Discrimination (includes 3 templates: Notification, Investigation,
Results Letter to guide process)
• Safe Disclosure (Whistleblower) Policy – see Confidential/anonymous reporting options
• Employment Accommodation Policy and Procedure/Workflow
• Employment Accommodation Guides – Creed, Family Status, Pregnancy, Gender
Expression/Identity
• Culture Code
• Client Bill of Rights
i
i Documents can be made available in alternate formats and/or with communication supports upon request. Please contact policy@marchofdimes.ca to let
us know your needs. We will work with you to provide the information in a way that is accessible for you in a timely manner.
Page 7 of 7

[Glenn Demby]

#110863

Although without access to the Appendices it’s hard to tell, this should work in most jurisdictions. However, it may require tweaking if you operate within Quebec or are subject to federal regulation under the Canada Labour Code. Caveat to keep in mind:

I’m neither qualified nor allowed to provide legal counsel. This is just a personal opinion, one based on a partial view without access to the attached materials. The one recommendation I can make is that you run the policy past qualified legal counsel for a definitive opinion.

[Leonard Maccarone]

#110874

We can send the Appendices if it will help. We do operate in Quebec so we would appreciate feedback on ensuring compliance.

Please let me know.

Leonard
March of Dimes Canada

[Glenn Demby]

#110875

OK. The important thing with Quebec is ensuring that you cover “psychological harassment”. Effective January 1, you also need to cover “intimate partner violence” in the workplace. I don’t really need all the appendices if you’re not federally regulated. Explanation: The Canada Labour Code has extensive and unique requirements for investigating and processing complaints, among other things. If you’re not federally regulated, that’s not an issue.

[Author]

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