minimizing bullying and harassment september 2013

Minimizing bullying and harassment

by Toronto Training and HR

September 2013

CONTENTS5-6 Definitions7-8 What is not bullying? 9-11 Examples of bullying and harassment 12-14 What do mistreated employees do?15-18 Comparing good supervision to bullying19-21 Supervisor self-evaluation22-23 Better practices24-25 How do bullies get away with it?26-27 Bullying in reverse28-29 Preventative action30-31 Training32-33 Remedial action34-35 Dealing with a workplace bully36-39 Investigations40-41 What should employees do?42-45 Anti-harassment policies46-47 Drill48 Case study49-50 Conclusion and questions

Introduction

Introduction to Toronto Training and HR

Toronto Training and HR is a specialist training and human resources consultancy headed by Timothy Holden 10 years in banking10 years in training and human resourcesFreelance practitioner since 2006The core services provided by Toronto Training and HR are:

Training event designTraining event deliveryReducing costs, saving time plus improving employee engagement and moraleServices for job seekers

Definitions

Definitions• Bullying• Harassment

• First degree, second degree and third degree

What is not bullying?

What is not bullying?• Having high work

standards for everyone• Having high expectations

for everyone• Enforcing deadline

requirements for everyone• Keeping work and workers

on time, for everyone• Tracking attendance for

everyone• Enforcing the rules for

everyone

Examples of bullying and harassment

Examples of bullying and harassment 1 of 2

• Unwanted physical contact• Unwelcome remarks about a

person’s age, dress, appearance, race or marital status, jokes at personal expense, offensive language, gossip, slander, sectarian songs and letters

• Posters, graffiti, obscene gestures, flags, bunting and emblems

• Isolation or non-cooperation and exclusion from social activities

Examples of bullying and harassment 2 of 2

• Coercion for sexual favours• Pressure to participate in

political/religious groups• Personal intrusion from

pestering, spying and stalking

• Failure to safeguard confidential information

• Shouting and bawling• Persistent unwarranted

criticism• Setting impossible deadlines• Personal insults

What do mistreated employees do?

What do mistreated employees do? 1 of 2

• Are more likely to quit jobs or take sick time or “mental health days”

• Have lower levels of job satisfaction

• Suffer reduced sense of wellbeing

• Suffer job related stress, anxiety, depression, headaches, exhaustion and poor concentration

What do mistreated employees do? 2 of 2

• Become withdrawn • Turn to mood altering

substances• Suffer post-traumatic

stress disorders

Comparing good supervision to bullying

Comparing good supervision to bullying 1 of 3

GOOD SUPERVISION• Objective• Constructive• Focused on assisting

employees• Conduct motivated by

legitimate work concerns


IF INCIDENTS DO OCCUR• Respond promptly• Investigate all allegations• Do not require the

employees to fix the problem themselves

• Adopt a zero tolerance stand


BULLYING• Relying on rumours• Providing only negative

feedback• Having favourites• Making things so tough that

the employee quits• “My way or the highway”

Supervisor self-evaluation

Supervisor self-evaluation 1 of 2

DO YOU ENGAGE IN THESE BEHAVIOURS?• Public criticism of

performance• Blaming without

justification• Assigning menial tasks

below skill levels• Excluding or isolating• Excessive unwarranted

monitoring of performance, behaviour or breaks

• Allowing co-worker bullying to persist

Supervisor self-evaluation 2 of 2

DO YOU ENGAGE IN THESE BEHAVIOURS? (CONT.)• Applying separate sets of

rules or standards or constantly changing them

• Setting impossible or unnecessary deadlines

• Withholding information• Setting an employee up to

fail• Blocking advancement• Tampering with belongings

Better practices

Better practices

• Better communication• Better motivation• Better discipline

How do bullies get away with it?

How do bullies get away with it?

• The organization is complicit or clueless

• The organization or its managers are fearful

• They have a sponsor or protector

• Targets don’t complain• Institutional rewards

support bullying

Bullying in reverse

Bullying in reverse

• Power by position• Power through group

dynamic or collective behaviour

• Power by workplace regulation

Preventative action

Preventative action

• Develop a policy• Affirmatively raise the

subject• Express strong disapproval

of bullying• Develop appropriate

sanctions to use in discipline

• Inform the employee of the right to raise and how to raise the issue

• Develop methods to sensitize the workforce

Training

Training

• Legal • Communicative• Disciplinary• Cultural

Remedial action

Remedial action• Investigate promptly and

thoroughly• Take immediate and

appropriate corrective action

• Take steps calculated to end the harassment or misconduct

• Take steps necessary to make the victim whole

• Take steps necessary to ensure misconduct is not repeated

• Do not make the victim responsible for the remedy

Dealing with a workplace bully

Dealing with a workplace bully• Keep your cool• If you are threatened, walk

away• Tell the bully to stop

treating you disrespectfully• Report what happened• Provide the employer with

any notes, emails, copes of text messages and other evidence

Investigations

Investigations 1 of 3

WHAT SHOULD AN INVESTIGATION INCLUDE?• A prompt, thorough and

impartial response• Taking evidence from

witnesses• Listening to both the harasser

and the complainant’s version of events

• A time-scale for resolving the problem

• Confidentiality in the majority of cases


AREAS THAT CAN TAINT HARASSMENT INVESTIGATIONS • Rushing to judgement before

the investigation is done• Letting employees define

harassment for themselves• Waiting too long to investigate• Using a biased investigator• Not letting the accused

confront the accusations


AREAS THAT CAN TAINT HARASSMENT INVESTIGATIONS (CONT.)• Not interviewing third parties• Asking leading questions• Interviewing witnesses in front

of each other• Not following the

organization’s investigation procedures

What should employees do?

What should employees do?• Be made aware - through

onboarding, training and other processes - about their rights and personal responsibilities under the policy and understand the organization’s commitment to deal with harassment

• Know who to contact if they want to discuss their experiences in order to decide what steps to take

• Understand how to take a complaint forward and the timescales for formal procedures

Anti-harassment policies

Anti-harassment policies 1 of 3• Make clear that harassment

is strictly prohibited• Define harassment broadly• Provide a detailed

description of the conduct prohibited

• Inform employees of the procedures for reporting harassment

• Identify whom employees should contact if they are subjected to harassment

Anti-harassment policies 2 of 3• Permit reporting through a

range of channels including any manager, HR representative or anonymous telephone service

• Permit both informal and formal complaints of harassment to be made

• Require employees to report any incident of harassment, even if it is not directed at them, and regardless of whether they think the employer is aware of it or another employee has reported it

Anti-harassment policies 3 of 3• Provide that the employer

will investigate and take appropriate preventative and corrective action

• Describe the disciplinary measures that the organization may use in a harassment case

• Make clear that employees will not be subjected to retaliation for complaining about harassment

Shah v Xerox Canada

Conclusion and questions

Conclusion and questions

SummaryVideosQuestions

minimizing bullying and harassment september 2013

Career

bullying page

degree page

belongings page

workforce page

questions page

highway page

examples of bullying

workplace regulation