This is the suggested wording of a Policy Manual on Harassment, Discrimination and Workplace Violence.

Purpose

This policy is established to protect our employees from harassment and workplace violence. It applies to all employees, contractors whether they be full-time or part-time.

Our company maintains a zero tolerance view to harassment, discrimination and workplace violence in the exercise of your active duties in the workplace or in connection with any work activity no matter where you may be. All reported incidents of harassment, discrimination and workplace violence shall be considered seriously and will be diligently and promptly investigated. Appropriate remedial and/or disciplinary action will be taken, as may be required in the circumstances.

Management employees are responsible for creating and maintaining a workplace which is free from harassment, discrimination and violence. Management must take steps to ensure that harassment, discrimination and violence is not allowed. Should management not do so, such person or persons may be considering to be abetting the wrongdoing.

This policy governs three types of offensive conduct, namely, (1) Personal Harassment, (2) Violations of the Human Rights Code, including sexual harassment and (3) Workplace Violence.

Personal Harassment

The day to day carrying out of management responsibilities is expected to be conducted in a professional and courteous manner. Any improper conduct such as words or conduct of coercion such as bullying, misuse of authority by hostile conduct, comments, e-mails, gestures that may objectively reasonably affect a person’s dignity or self-respect will result in harmful workplace environment and will not be tolerated.

Harassment will not include performance evaluations, direction or discipline given by management. It is to be expected that there may be occasional tension between respective views of workplace incidents in the course of accomplishing relevant objectives, which will not be considered to be harassment.

Actions Contrary to the Human Rights Code

The protected grounds of discrimination under the Ontario Human Rights Code are race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, family status, disability sex, sexual orientation, gender identity and gender expression.

We expect every employee to honour the principles enshrined in the Human Rights Code and to respect one another and ensure equal treatment to all employees. We insist that conduct which is contrary to the Code will be reported to management.

Sexual harassment is unwelcome conduct which includes words spoken, conduct, physical contact which is objectively seen as unwelcome. It includes the solicitation of sexual favours from a person in a position of power to grant or deny a benefit.

Offensive action includes a reprisal taken against a person for the making of a complaint whether or not the underlying complaint is upheld, as long as the complaint is made in good faith.

Actions against a person based on a perceived human rights protected right is also offensive whether or not such person belongs to such a protected right. For example, if a person is denied a promotion due to a perception that he or she is homosexual and is not, there has still been conduct which is offensive.

Offensive conduct includes racial or ethnic slurs, jokes referring to minority groups, comments referring in an insulting manner to a person’s age, marital status, sexual orientation, religion, accent, disability or any other protected human right.

Posters or calendars displaying women or men in sexual light will not be tolerated.

Workplace Violence

Any incident in which an employee is threatened, coerced, abused, bullied or is injured relating to a workplace issue whether such event occurs within the physical premises of the company or elsewhere is covered by this policy. The offensive conduct may be oral, written, communicated digitally or by the physical gestures or physical acts of the wrongdoer.

Every employee is expected to report to management each incident of workplace violence of which he or she is aware.

Mandate

The company wishes to ensure its dedication to the establishment of a safe workplace which is free from threats or acts of violence. All reported incidents will be thoroughly investigated. Assistance and support will be provided to all victims of offensive conduct. Any person found to have acted in contravention of this policy will be held strictly accountable for his or her actions. Disciplinary action will be taken against any such offender up to and including summary termination of employment.

The Director of Human Resources is designated as the Coordinator of this Workplace Violence Policy and is responsible for the management and direction of this Policy.

The Complaint

An adversely affected employee has several options at his or her disposal. He or she may first advise the offender that the behaviour in question is offensive and request that he or she cease such action.

Alternatively, or in addition to step 1 above when step 1 has not caused the offensive conduct to cease, a formal letter of complaint made be made to the Director of Human Resources. This letter should identify the specifics of the alleged wrongdoing, the name of the offender, any steps taken by the victim to request this conduct cease prior to the filing of the complaint. The names of any likely witnesses should also be provided.

It is expected that the victim will advise the witnesses that their names will be provided to management, although this is not mandated. Witnesses should be encouraged to avoid discussion with one another and the complainant of their respective evidences as this may taint their independent recall of the relevant events.

If the suspected wrongdoing is contrary to the Human Rights Code, nothing in this Policy is intended to dissuade the victim from the filing of a complaint with the Human Rights Tribunal. The victim should be aware that there is a 12 month time period from the last alleged wrongdoing to file such a complaint.

Should the alleged offensive action be an apparent violation of the Criminal Code, such as a physical assault or a sexual assault, the victim is at liberty at any time to contact the relevant police force for the purposes of a criminal investigation.

The complainant is also free to contact independent legal counsel to discuss civil or other remedies. Nothing in this Policy is to be interpreted as an impediment to so doing.

The complainant should be aware that the due and fair process of the investigation will require that the alleged wrongdoer be advised of the complaint and the name of the complainant. The complaint will not otherwise be publicized within the company. Senior management will be aware of the essence of the complaint including the names of the relevant parties.

The complainant should keep current notes and all relevant documentation. A good practice is to email notes to yourself to ensure an accurate time stamp to prove the contemporaneous nature of the notes.

The Investigative Process

The Director of Human Resources will appoint a neutral person to conduct an impartial investigation of the issues in dispute. The investigator will advise the alleged offender of the nature of the allegations made against him or her.

The investigator will interview persons who are expected to have knowledge of the matters in issue. Likely witnesses should not discuss their respective recall of the relevant events prior to their respective interview with one another. The investigator may determine the order of witnesses which he or she may choose to interview.

The investigator should present to the alleged offender his or her notes of relevant witnesses and all relevant documentation to the alleged offender prior to his or her interview of the alleged offender.

The investigator may or may not chose to interview the complainant and the relevant witnesses following his interview of the offender in which case he or she will provide to such persons his notes with the offender and any further documents attained by him or her.

The investigator will then prepare a final report advising as to the nature of the subject investigated and his or her findings, including findings of wrongdoing or none. This report will be given to the Director of Human Resources who will provide a copy of same to the complainant and the alleged offender.

The investigator may (1) uphold the complaint, or (2) dismiss the complaint, and/or (3) in such case find that the complaint was made in bad faith.

The investigator does not have authority to make recommendations as to proper discipline to be imposed in any of the above conclusions. The Director of Human Resources maintains the right to impose whatever discipline may be imposed in the context of the finding of wrongdoing.

Not A Court

The process outlined above is intended to be fair to both parties. It is not, however, a judicial process. Lawyers are not allowed to participate directly in the investigative process. Each party may choose to see external legal advice of their respective choice with respect to the issues and this process.

 Retaliatory Complaint

Should a complaint be found to have been made in bad faith, the original complainant will be subject to discipline as the Director of Human Resources may determine appropriate.

Honesty

It is fundamental to this process that all parties interviewed provide honest answers to the questions asked. A failure to do so will result in discipline up to and including termination of employment for just cause.