Workplace Bullying and Harassment Policy

POLICY:

1. The Workplace Bullying and Harassment policy applies to all Employees.
2. The Town of View Royal will not tolerate and is dedicated to preventing any instance of bullying or harassment in the workplace.
3. Bullying and harassing behaviours include but are not limited to:
   • Verbal aggression or yelling;
   • Humiliating actions or practices;
   • Discriminatory or offensive jokes, innuendos, or gestures;
   • Display or circulation of offensive pictures or materials;
   • Unwelcome, offensive, or intimidating phone calls or emails;
   • Using derogatory names towards someone;
   • Unwelcome gifts or attention;
   • Hazing;
   • Spreading malicious rumours.
4. Bullying and harassing behaviours do not include:
   • Expressing differences of opinions;
   • Offering constructive feedback, guidance, or work-related advice about behaviour;
   • Reasonable action taken by the Town of View Royal or a supervisor relating to Management and direction of Employees or the place of employment (e.g. counselling, managing a worker’s performance, taking reasonable disciplinary actions, assigning work, implementation of disciplinary actions).
5. The Workplace Bullying and Harassment Policy is not meant to stop free speech or to interfere with everyday interactions. However, what one person finds offensive, others may not; it is the perception of the receiver of the potentially offensive message be it spoken, a gesture, a picture or some other form of communication which may be deemed objectionable or unwelcome that determines whether something is acceptable or not.
6. Employees are responsible for reporting any instances of bullying or harassment, whether they were the target or they were witness to the incident.

7. In all cases, where a complaint of bullying or harassment is made in good faith, the Employee will not be disciplined or retaliated against in any way.
8. For the purposes of this policy, bullying and harassment can occur:
   • At the workplace;
   • At a Council or Advisory Committee meeting;
   • At employment-related social functions;
   • In the course of work assignments outside the workplace;
   • During work-related travel;
   • Over the telephone, if the conversation is work-related; or
   • Elsewhere, if the person is there as a result of work-related responsibilities or a work-related relationship.
9. Alleged violations of this policy will be investigated and appropriate disciplinary action will be taken against any person under the Town's direction who has been found to have subjected any person to bullying and/or harassment.

PROCEDURES:

General

1. Employees shall: 1.1. Treat others with respect, and contribute to a respectful and safe work environment; 1.2. Not engage in bullying or harassment of any kind; 1.3. Report all acts of bullying to a member of Management; 1.4. Ensure and comply with the Town's policies and procedures regarding workplace bullying and harassment.
2. In addition, Management shall: 2.1. Promote a respectful and safe working environment; 2.2. Ensure Employee adherence to the Workplace Bullying and Harassment Policy; 2.3. Investigate complaints of bullying and/or harassment promptly and impartially; 2.4. Apply appropriate disciplinary action where suitable; 2.5. Report the incident to police where appropriate.

Witnessing Bullying or Harassment

3. Any Employee who witnesses bullying or harassment is directed to: 3.1. Offer the person support and inform them that they witnessed the incident; 3.2. Encourage the person to come forward and offer to be a witness and give a statement, whether for an informal or formal report; 3.3. Inform a member of Management of the bullying or harassment taking place in the workplace, even where the person does not wish to make a formal complaint.

Reporting Bullying or Harassment

4. Informal Reporting: 4.1. If an Employee is being bullied or harassed, the Employee shall: 4.1.1. Inform the Respondent immediately that their actions are not acceptable as soon as they start to occur; 4.1.2. Describe the specific actions of the Respondent that caused uncomfortable feelings. When confronted, in many instances, the Respondent will stop as sometimes a person is not aware that they are acting in an unacceptable manner. 4.1.3. Keep a record of dates and times where the Respondent has been spoken to; 4.1.4. Inform a member of Management about what occurred. 4.2. The member of Management will confirm whether or not the Complainant wishes to make a formal complaint.
5. Formal Reporting: 5.1. Where bullying or harassment has either continued to occur after a conversation with the Respondent or was extreme or dangerous in nature, Employees are required to report it immediately to their Manager or another member of Management where their supervisor/Manager is the cause of concern and report the incident; 5.2. All complaints will be taken seriously and investigated fairly; 5.3. An Employee shall: 5.3.1. Speak with their Manager or another member of Management where the supervisor/Manager is the cause of concern and report the incident; 5.3.2. Write out a statement detailing the incidents including: o The names of the parties involved o Any witnesses to the incident(s) o The location, date, and time of the incident(s) o Details about the incident (behaviour and/or words used) o Any additional details that would help with an investigation;

5.4. A fact finding investigation will be instigated by a member of Management; 5.5. Where it is determined that the Respondent has contravened the law, the Manager will contact the appropriate authorities; 5.6. Employees that submit a report or complaint of bullying or harassment shall not be subject to any form of reprisal or retaliation from Management as a result of the complaint; 5.7. The Town does not support any retaliatory actions where the Complainant has not used any of the reporting mechanisms.

Investigating Reports of Bullying and Harassment

6. Once a written complaint has been received, a member of Management will complete a thorough investigation in a timely manner. 6.1. The Manager will conduct interviews with the Complainant, which will include: 6.1.1. Interviewing the Complainant, and any identified witnesses; 6.1.2. Interviewing any other person who may have knowledge of the incidents related to the complaint or any other similar incidents. 6.2. The Manager will inform the Respondent of the formal complaint and will conduct an interview with the Respondent, which will include: 6.2.1. Providing a copy of the complaint to the Respondent, detailing the Complainant's allegations; 6.2.2. Interviewing the Respondent, and any identified witnesses; 6.2.3. Inviting the Respondent to reply in writing to the Complainant's allegations. 6.3. The Respondent's reply will be made known to the Complainant before the case proceeds further; 6.4. Based on the investigation, a decision will be made by the Manager and a written report of the final decision will be given to the Employees involved in the investigation.

Disciplinary Actions

7. If the findings of the investigation indicate that a violation of the Workplace Bullying and Harassment Policy has occurred, immediate and appropriate disciplinary action, up to and including dismissal, shall be administered. 7.1. Corrective actions shall be proportional to the seriousness or repetitiveness of the offense; 7.2. A member of Management will monitor the situation between the Complainant and Respondent to ensure that the bullying does not reoccur.

Appeal Process

8. If either the Complainant or Respondent have worked with the process and feel that it has failed at some point, an appeal process is in place. 8.1. The Employee must submit a written complaint to the Manager involved in completing the original investigation; 8.2. The written complaint must include all the reasons why the individual did not feel that the process was appropriate; 8.3. Where necessary, further investigation will be instigated.

Fraudulent or Malicious Complaints

9. The Workplace Bullying and Harassment Policy must never be used to bring fraudulent or malicious complaints against a person. 9.1. All unfounded/frivolous allegations of bullying and harassment may cause both the accused person and the Town significant damage; 9.2. If it is determined by the Town that any Employee has knowingly made false statements regarding an allegation of bullying and harassment, immediate disciplinary action will be taken; 9.3. As with any case of dishonesty, disciplinary action may include immediate dismissal without further notice.

Confidentiality

10. The Town of View Royal will attempt, in all cases, to maintain the confidentiality of the Complainant and Respondent.

10.1. The Town will do its best to protect the details of complaints, investigations, and the identities of all persons involved from unnecessary disclosure to parties not directly involved in a complaint or investigation; 10.2. All documents related to a formal investigation will be maintained in a sealed envelope within a locked cabinet. The documentation will be retained according to the Town of View Royal's Records Retention Policy. 10.3. While it is not always possible to maintain confidentiality when soliciting witness statements, the Town will not release any information to other Employees which would jeopardize the confidentiality of the parties involved; 10.4. Where it is determined that legislation/law was contravened, the Town will supply any and all evidence to the authorities as necessary, in accordance with Freedom of Information & Protection of Privacy legislation.

Providing Support

11. The Town of View Royal will ensure that the necessary support is provided to Employees. 11.1. Employees who are feeling adverse symptoms as a result of an incident are encouraged to speak with a member of Management so that the necessary support can be provided.

ATTACHMENTS:

• Attachment 1 - Workplace Bullying & Harassment Complaint Form
• Attachment 2 - Workplace Bullying & Harassment Investigative Interview
• Attachment 3 - Workplace Bullying & Harassment Follow Up Form

DISTRIBUTION:

Policy Manual and G:\ drive