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Mississauga Halton Policy

Policy title Workplace Harassment and Discrimination Policy

Portfolio People and Quality Index Number PO-PQ-025

Employee & Labour Status D Draft [8] Approved Relations

Business Unit

Sub process Code of Conduct Effective date December 2014

Supercedes October 2013 Next Review December 2015 date

Purpose

As per Occupational Health and Safety Act (OHSA) requirements, this policy establishes our commitment to maintain a safe workplace free from harassment and discrimination for all Mississauga Halton Community Care Access Centre employees, consultants, volunteers and students.

Scope

This policy applies to all employees, volunteers, students, contractors, consultants and agency personnel, and extends to all Mississauga Halton CCAC activities and individuals with whom the employee interact while conducting Mississauga Halton CCAC work, including lunches and social gatherings (whether on or off-site), which may occur during or after normal office business hours.

All forms of harassment and discrimination are addressed by this policy, in addition to the fourteen (14) prohibited grounds outlined in the Ontario Human Rights Code (see Glossary of Terms). Harassment and discrimination can be distinguished from normal, mutually acceptable socializing in that it is offensive, insulting, intimidating, hurtful and malicious. Workplace harassment and discrimination may also include incidents that occur in an employee's home as a result of their employment with Mississauga Halton CCAC. In such cases the harasser is connected in some way to Mississauga Halton CCAC. An example of such cases would be unwelcomed phone calls or visits to an employee's home.

Harassment does not include exercise of managerial responsibility; appropriate performance counseling, evaluation or discipline; or mutually acceptable social interactions appropriate to the workplace.

Note: Printed copies are not considered official copies. Refer to Mississauga Halton CCAC Intranet for current version of 6

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Bullying in the workplace is, for the purposes of this policy, a form of harassment and will be treated as such in accordance with this policy.

Policy

Mississauga Halton CCAC does not tolerate, ignore or condone workplace harassment or discrimination. This means that:

• No Mississauga Halton CCAC employee, consultant, volunteer or student shall harass or discriminate a co-worker, patient or member of the public.

• Mississauga Halton CCAC expects each person conducting work on its behalf to respect the dignity and human rights of co-workers, patients or members of the public.

• There is Zero tolerance of workplace harassment and discrimination from patients/caregivers, service providers or other external parties.

Behaviour that is contrary to these expectations shall be thoroughly investigated at the appropriate level and will be subject to progressive discipline up to and including termination of employment.

Mississauga Halton CCAC is committed to creating and maintaining a work environment for its employees which is free from all forms of harassment and discrimination.

PROGRAM COMPONENTS

1. Disclosure of Information • All parties involved with a complaint are expected to exercise confidentiality in all

aspects of the complaint process. • In accordance with the principles of administrative fairness and due process, the

identity of the complainant cannot be withheld from the respondent. To do so would disadvantage the respondent from responding to the complaint.

• The existence of complaints and any details pertaining to such complaints will be kept in confidence, except where disclosure of information is required to investigate the complaint, where such information is necessary for the respondent to defend against such allegations, or where Mississauga Halton CCAC is required by law to do so, for example, as part of an investigation conducted by a law enforcement agency.

2. Communication and Education • All new hires will receive mandatory workplace harassment and discrimination

awareness training, as part of their orientation program


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• Workplace harassment and discrimination education will be required for all staff annually

• Organization wide communication and education will occur immediately when a practice/behaviour that is deemed inappropriate appears to be wide spread.

3. Reporting, Investigating and Responding to an Incident of Harassment and/or Discrimination in the Workplace • Refer to the Workplace Harassment and Discrimination Procedure for the

reporting and investigation process related to: o Option A: Informal o Option B: Formal Process o Option C: Filing a complaint through external channels

• Reprisal or retaliation against someone for: i) invoking this policy, ii) participating and cooperating in any investigation under this policy, or iii) associating with a person who invoked this policy, will be treated as a form of workplace harassment.

• False claims of workplace harassment and discrimination that are found to be vexatious and made in bad faith will not be tolerated and may lead to disciplinary action up to and including termination of employment.

• The Employer will report all injuries to the Ministry of Labour (MOL) and Workplace Safety and Insurance Board (WSIB) as required by the Ontario Health & Safety Act (OHSA) and Workplace Safety and Insurance Act (WSIA) .

4. Supports for Employees Affected by Workplace Harassment and Discrimination Management will respond promptly, assess the situation and ensure that the following interventions are followed when deemed necessary: • Ensure safety of employee(s) • Ensure appropriate medical attention is obtained (if required) • Notify Police where appropriate • Investigate incidents in accordance with Workplace Harassment and

Discrimination Procedure (and the Employee Incident/ Accident Reporting and Investigation procedure outlined in Mississauga Halton CCAC's Occupational Health and Safety Program, and Event Tracking Management System, if required)

• Provide debriefing to appropriate parties in consultation with Employee & Labour Relations

• Make referrals to Employee and Family Assistance Program (EFAP), professional support or other community supports, as needed

• Put preventative measures in place to avoid a reoccurrence • Escalate to next level where resolution is beyond authority of the Manager


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5. Evaluation

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The effectiveness of the Workplace Harassment and Discrimination Policy and Procedure will be reviewed annually by the People Services department in conjunction with the Joint Health and Safety Committee (JHSC).

6. Records All records of reports and investigations of workplace harassment and discrimination will be kept for a minimum of five years.

Specific Accountabilities

All workplace parties are accountable for complying with the policy, procedure, measures and procedures related to workplace harassment and discrimination.

Employees • Treat co-workers, superiors, patients, consultants, volunteers and students

with respect and courtesy at all times • Make changes to their own behaviour where necessary • Report any harassing or discriminatory act • Where appropriate complete necessary documentation • Cooperate with workplace harassment and discrimination investigations • Complete all workplace harassment and discrimination training and education

as required (non-compliance may result in progressive discipline). Manager

• Act on any suspicion of inappropriate behaviour • Facilitate medical attention for employee(s) as required • Participate in the workplace harassment or discrimination investigation • Provide support as needed to staff • Ensure staff compliance to education and training requirements • Support recommendations stemming from workplace investigation

Employee & Labour Relations • Lead and coordinate workplace harassment and discrimination investigations • Advise and include a union representative where applicable • Track and analyze incidents for trending and prevention initiatives

Human Resources • Provide regular reports to management team on compJetion rates of required

education and training


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Joint Health and Safety Committee • Review and provide feedback on policy and procedure • Participate in investigations where required

References I Consultations I Related Documents


• Mississauga Halton CCAC Workplace Harassment and Discrimination Procedure • Mississauga Halton CCAC Employee Accident/Incident Reporting and Investigation

Procedure • Mississauga Halton CCAC Employee Accident/Incident and Investigation Form • Mississauga Halton CCAC Health and Safety Policy • Mississauga Halton CCAC Hazard Recognition and Control Form • Mississauga Halton CCAC Hazard Recognition and Control Procedure • Mississauga Halton CCAC Workplace Violence Prevention Policy • Mississauga Halton CCAC Workplace Violence Prevention Procedure • Mississauga Halton CCAC Event Management and Reporting Procedure • Accreditation Canada, Qmentum Program Standards 2010, Leadership Criterion 2. 7 • Dean Case, Regional Consultant, Public Services Health and Safety Association • Mia Manson, Director, People Services • Mississauga Halton CCAC All Management Team • Mississauga Halton CCAC Joint Health and Safety Committee • Mississauga Halton CCAC Union Management Committee • Mississauga Halton CCAC People Services department • Maxine, Laing, Unit Vice-President, CUPE Local 966 • Queen's University, Master of Industrial Relations -Advanced Topics in

Industrial Relations - Conducting Workplace Investigations • Providence Care, Managing Allegations of Misconduct Manual • Mississauga Halton CCAC People Plan 2013-15 • CUPE Local 966 Collective Agreement • Mississauga Halton CCAC Event Tracking Management System • North Simcoe Muskoka CCAC Violence and Harassment Prevention Policy and

Program • Central West CCAC Workplace Violence Policy • Central West CCAC Workplace Harassment Policy • Central CCAC Workplace Violence and Prevention Policy • OACCAC Bill 168 Risk Management Strategy Task Group • Public Services Health and Safety Association, www.pshsa.ca • Hotel Dieu Hospital Workplace Violence and Harassment Prevention Program • Ministry of Labour: Workplace Violence and Harassment - Understanding the

Law • Health Care Health and Safety Association of Ontario - Health and Safety in

the Home Care Environment


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• Occupational Health and Safety Council of Ontario - Developing Workplace Violence and Harassment Policies and Programs

• Canadian Centre for Occupational Health and Safety, www.ccohs.ca • McCarthy Tetrault - Labour and Employment Practice Group • Occupational Health and Safety Act • Ontario Human Rights Code • Employee and Family Assistance Program, Shepell fgi,

www. workhealthlife.com • Canadian Centre for Occupational Health and Safety, www.ccohs.ca

Key Words

Bullying; Abuse; Aggression; Harm; Threats; Racism

Approvals

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Developer Portfolio Approval Organizational Approval

Lori Deeley Jutta Schafler Argao Caroline Brereton

. Chief Executive Officer

Note : Printed copies are not considered official copies. Refer to Mississauga Halton CCAC Intranet for current version of 6