Workplace Bullying & Harassment - Human Resources · Script: Thanks for coming to our training session today on workplace bullying and harassment. Employers, workers, and supervis\൯rs
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WORKPLACE BULLYING AND HARASSMENT AND DISCRIMINATION Training and Legal Duties
WORKPLACE BULLYING AND HARASSMENT AND DISCRIMINATION
Training and Legal Duties
TRAINING OVERVIEW
• Workers Compensation Act • RRU’s Bullying and Harassment and Discrimination Policy • Recognizing workplace bullying and harassment • RRU obligations • Responding — employee and supervisor obligations • Reporting procedures • Investigating incidents or complaints • What co-workers can do to stop bullying and harassment • Additional information and questions?
Presenter
Presentation Notes
Script: Thanks for coming to our training session today on workplace bullying and harassment. Employers, workers, and supervisors all have legal duties regarding occupational health and safety, including workplace bullying and harassment. Today’s session meets part of our workplace obligation to train supervisors and employees about this issue. We would like to impress upon you that legal obligations extend to both employees and supervisors not just the employer – and that’s an important distinction highlighted in today’s presentation. We’ll talk about: Our legal duties under the Workers Compensation Act Recognizing the potential for workplace bullying and harassment The legal duties of employers, workers, and supervisors for preventing and responding to workplace bullying and harassment Our workplace reporting procedures How our workplace will deal with incidents or complaints, including investigations What co-workers can do to stop bullying and harassment Tips for how to talk to a bully, if you’re a target or witness of bullying and harassment, and Additional information and resources about workplace bullying and harassment
WORKERS COMPENSATION ACT
• Duties of employers: – Ensure or protect health and safety – Inform, instruct, train and supervise – Take reasonable steps to prevent and/or remedy hazardous conditions
- includes workplace bullying and harassment
• Duties of supervisors and employees: – Protect own safety – Protect safety of others – Take reasonable steps to provide and address hazardous conditions –
including workplace bullying and harassment
• Effective November 1, 2013 – may be a compensable claim if an employee suffers a mental disorder due to workplace bullying
Presenter
Presentation Notes
The Workers Compensation Act sets out the general duties of employers, workers, and supervisors to ensure or protect the health and safety of workplace parties. These duties include preventing and addressing workplace bullying and harassment. WorkSafeBC issued Occupational Health and Safety policies on workplace bullying and harassment, that came into effect on November 1, 2013. The policies describe the steps workplaces can take to prevent and address this issue. This presentation will explain the legal duties of employers, employees and supervisors, as well as the policies and procedures we have in place here at Royal Roads University Duties of employers and supervisors: Ensure or protect health and safety Inform, instruct, train and supervise Take reasonable steps to prevent and/or remedy hazardous conditions - includes workplace bullying and harassment Duties of employees: Protect own safety Protect safety of others Take reasonable steps to provide and address hazardous conditions – including workplace bullying and harassment As November 1 – workplace bullying and harassment may be a compensable claim if an employee suffers a mental disorder due to workplace bullying The diagnosis for this claim must come from a clinical psychiatrist or psychologist
WHAT IS WORKPLACE BULLYING AND HARASSMENT?
Sabotaging work
Verbal aggression or
insults Vandalizing worker’s
belongings
Physical assault or
threats
Targeted social
isolation
Cyber bullying
Spreading gossip or rumours
Aggressive threatening
gestures
Personal attacks based on private
life, personal traits
Harmful or offensive initiation practices
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Presentation Notes
What might workplace bullying and harassment look like? Her here are some Some examples might include: Verbal aggression, insults, or calling someone derogatory names, yelling Vandalizing a worker’s personal belongings Sabotaging another person’s work Spreading malicious rumours Carrying out harmful or offensive initiation practices or pranks (unwelcome practical jokes) Making personal attacks based on a worker’s private life or personal traits Making aggressive or threatening gestures Cyber-bullying is another form of bullying and harassment. It can include sending harassing emails or text messages, or posting humiliating or intimidating information on social media or websites.
BULLYING AND HARASSMENT INCLUDES:
Inappropriate conduct or comment
By a person Towards an employee
That the person knew or reasonably ought to have known would cause that employee to be humiliated or intimidated
Presenter
Presentation Notes
So what is bullying and harassment? It includes any inappropriate conduct or comment towards a worker that the person knew, or should have known, would cause that worker to be humiliated or intimidated. Bullying can come from many sources including co-workers, supervisors and employers, or from external sources such as clients, customers, members of the public, or employees from other organizations. Each situation has to be considered in context. For example, yelling to warn someone about a hazard might be appropriate given the situation, but calling someone demeaning names in front of clients or other employees is not.
EFFECTS AND POTENTIAL INDICATORS
• Workplace bullying and harassment might result in: – Health and safety issues – Distracting someone who is performing dangerous tasks – Physical and/or psychological injury – Lower productivity – Lower morale – Higher absenteeism – Staff turnover — targets of bullying and harassment and their co-
workers
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Presentation Notes
Bullying and harassment is a health and safety issue and has many effects. It can distract someone while they’re performing tasks that require concentration, which can lead to physical injury. And it can also lead to physical illness and psychological injuries, such as anxiety, depression or thoughts of suicide. In the workplace, you might notice lower productivity, lower employee morale, higher rates of unexpected absenteeism, and staff turnover. Studies show that bullying affects co-workers as well as the target, and that co-workers are as likely or even more likely than the target to leave their jobs if they work in a bullying environment.
POLICY STATEMENT
• Definition “….any inappropriate conduct or comment by a person towards an employee that the person knew or reasonably ought to have known would cause that worker to be humiliated or intimidated.”
• Royal Roads University (RRU) is committed to providing a work environment free of bullying and harassment and discrimination
• Such behaviors will not be accepted or tolerated • All employees will be treated in a fair and respectful manner
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Presentation Notes
Handout Policy to audience As a workplace, we have a policy statement that workplace bullying is unacceptable and not tolerated. The policy statement will be reviewed each year, and all our workers will be made aware of it.
WHAT IS NOT BULLYING AND HARASSMENT?
• Reasonable management action, including decisions about: – Job duties and work to be performed – Workloads and deadlines – Layoffs, transfers, promotions, and reorganizations – Work instruction, supervision, or feedback – Performance management – Discipline, suspensions, or terminations
• Expressing differences of opinion • Offering constructive feedback • Making a legitimate complaint about another employee’s conduct
Presenter
Presentation Notes
Not every unpleasant interaction, instance of disrespectful behaviour, or workplace conflict is bullying and harassment. Expressing a difference of opinion, offering constructive feedback or advice about work-related behaviour or performance, and making a legitimate complaint through established procedures about a manager’s or another worker’s conduct are not bullying and harassment. It’s also important to note that reasonable management action is not considered workplace bullying and harassment. Managers and supervisors have many responsibilities — including directing and supervising how work is performed, monitoring workflow, and providing feedback on performance. As long as those actions are taken in a respectful manner, they do not constitute bullying and harassment. Reasonable management action might include decisions relating to: Job duties and/or work to be performed Workloads and deadlines Layoffs, transfers, promotions, and reorganizations Work instruction, supervision, or feedback Work evaluation Performance management, or Discipline, suspensions, or terminations At the end of the day it’s all about respect in the workplace!
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WHO IS RESPONSIBLE?
Everyone has responsibilities for preventing bullying • Employer • Employees • Supervisors
EMPLOYER OBLIGATIONS
• Develop a workplace policy statement • Prevent or minimize bullying and harassment • Develop reporting procedures • Develop procedures for dealing with / investigating incidents
or complaints • Train employees and supervisors
Presenter
Presentation Notes
Everyone in the workplace has a role to play when it comes to preventing and addressing bullying and harassment. Employers, workers, and supervisors have a number legal duties. We’ll go through each of these employer duties in more detail on the following slides, but as an overview, employers must:� Have a policy statement that workplace bullying is unacceptable and not tolerated Take steps to prevent or minimize workplace bullying and harassment Have procedures for workers to report if they feel bullied and harassed, including how to report if the employer or supervisor is the alleged bully Have procedures that explain how our organization deals with bullying and harassment incidents or complaints, and Provide training about bullying and harassment to workers and supervisors, which is why we’re here today
WHAT MUST SUPERVISORS AND EMPLOYEES DO?
• Report if they observe or experience bullying and harassment • Not engage in workplace bullying and harassment • Apply and comply with workplace policies and procedures on
bullying and harassment and discrimination
Presenter
Presentation Notes
Workers have a duty to report bullying and harassment that is observed or experienced in the workplace, and not to engage in bullying and harassment. You must also comply with our workplace policies and procedures.
REPORTING PROCEDURES
• Report to your direct Supervisor • If the supervisor is the alleged bully, then report to the next
level of authority • Human Resources Advisors are available for consultation at
any stage • Any employee is entitled to a support person/union
representation during an informal or formal complaint
Presenter
Presentation Notes
If you feel that you have been subjected to bullying and harassment and/or discrimination, you should report it to your direct supervisor If your supervisor is the alleged bully, or if we as employers are, report it to the next level of authority (or Human Resources , another manager, a union representative, or another person in the organization) Include information about who workers can go to for help, and what help will be provided.
DEALING WITH INCIDENTS OR COMPLAINTS
• The university has developed Bullying and Harassment and Discrimination Investigation procedures which are included within the policy and is available at http://humanresources.royalroads.ca/or from your Human Resources Advisor.
Presenter
Presentation Notes
These procedures include information about: How and when investigations will be conducted (we will investigate all complaints promptly in a confidential and objective manner). There is both informal and a formal process – It’s important to know that HR tries very hard to resolve the complaint at this stage. If that is not accomplished we move to a formal investiation. Human Resources will normally conduct internal investigation but sensitive or complex situations we may bring in an external investigator. What investigations will include: Interviews with the complainant, the respondent and witnesses - important to know that that you must cooperate with an investigation as it is a statutory duty May also include reviewing of evidence such as emails, notes or physical evidence Human Resources will conduct the investigations and provide a written report to the AVP, HR Follow-up to the investigation (corrective actions, timeframe, dealing with adverse symptoms, etc.) Both the complainant and respondent with be advised of the finds by the AVP, HR Record-keeping requirements Human Resources will keep a written record of investigations including the findings.
WHAT CAN CO-WORKERS DO TO STOP WORKPLACE BULLYING AND HARASSMENT?
• Listen to the target • Don’t gossip • Offer support (e.g. refer to Human Resources or Union
representative and/or Employee Assistance Program) • Document details of what you see to share in an investigation
– Dates – Details – Witnesses
• Tell the bully to stop (if you are comfortable with this)
Presenter
Presentation Notes
That brings an end to the legal duties of employers, workers, and supervisors. Now we’ll move on to talk about some extra things you can do for someone who is being bullied, if you want to provide support. It can help your co-worker if you listen to them with empathy, and don’t gossip about what they tell you. You can also offer support by referring to Human Resources or union respresentative or our employee assistance program (PPC) You can also document what you see, so you can share it during an investigation. Include details such as dates, what happened, and who else might have witnessed it. These details can be extremely helpful in an investigation. If you witness bullying and harassment and your comfortable you can tell the bully to stop. Sometimes confronting an alleged bully can cause their behaviour towards the target to escalate, but other times it makes that person aware that his or her actions will not be tolerated, which results in a change in behaviour.
TALKING TO AN ALLEGED BULLY
• Employee-to-employee bullying and harassment • If you are the target of, or witness to, bullying and
harassment: – If you are comfortable with it - tell the bully what
behaviour was inappropriate – Make it clear the behaviour is unwanted and unacceptable – Stay calm – Don’t retaliate – Report it
Presenter
Presentation Notes
I’m just going to show a short video clip: So how do you talk to someone who is bullying and harassing you or others? It’s possible that the person engaging in the bad behaviour was unaware of its effect, and the situation might get better after you talk to them. If you feel it’s safe talking to the alleged bully, be specific about what behaviour was inappropriate. You could even show the person a copy of the workplace bullying and harassment policy and explain why you think the behaviour was inappropriate. Be clear that the behaviour is unwanted and unacceptable. Stay calm and don’t retaliate. You are also required to report any bullying and harassment you witness or experience. Our workplace takes bullying and harassment seriously and we will follow our procedures for dealing with incidents and complaints.
• Definition: A distinction, exclusion or preference is made based on one or more of the following prohibited grounds that imposes disadvantages in the workplace that are not imposed on others.
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Populate with speaking notes
WHAT ARE PROHIBITED GROUNDS?
• Race • Colour • Ancestry • Place of origin • Religion • Family status • Marital status, • Physical disability
• Mental disability • Sex • Age • Sexual orientation • Gender identity • Political belief • Criminal or summary
conviction unrelated to an individual’s employment or intended employment
SUMMARY
• For more tips, resources and information, visit www.WorkSafeBC.com/bullying
• Royal Roads University employment policies and procedures can be found at http://humanresources.royalroads.ca/
• Bullying and Harassment WorkSafe overview clip
Presenter
Presentation Notes
Show 4 minute clip That wraps up our presentation for today. You can find our workplace policies and procedures at the Human Resources Website WorkSafeBC also has a website with tips and information about workplace bullying and harassment, available at WorkSafeBC.com/bullying. Thanks for your attention today. If you have any questions at all, please contact Human Resources. After the video have handouts of policy and investigation procedures and report form available
• RRU’s Bullying and Harassment and Discrimination policy has been updated
• Training and education is being provided to all employees • Formal and information resolution procedures are in place • Information can be found on our Human Resources
website: http://humanresources.royalroads.ca/ • Human Resources Advisors are available to address any
questions or concerns • Union representatives
Presenter
Presentation Notes
If we are aware of circumstances that present a risk of bullying and harassment, our workplace must take steps to prevent or minimize the risk. In our workplace we…..�
