Bullying and harassment by timandhilary

VIEWS: 7 PAGES: 56

									Minimizing bullying & harassment at
               work


        by Toronto Training and HR

                May 2011
           3-4     Introduction to Toronto Training and HR
           5-8     Definitions
Contents   9-12    The nature of the employer-employee
                   relationship
           13-14   Three steps to a healthy workplace
           15-16   Drill
           17-18   Identifying harassment
           19-23   Anti-harassment policies
           24-25   Harassment offsite
           26-27   Response of tribunals to a Human Rights claim
           28-31   Preventing harassment at schools and colleges
           32-33   Harassment behaviours to beware
           34-38   Myths and facts about sexual harassment
           39-40   Toronto Police Service v Chuvalo case
           41-42   Factors that shape workplace bullying
           43-44   Work-related stress and bullying
           45-46   My new head of department is a bully!
           47-48   Employer liability for tolerating bullying
           50-52   Spotting bullying
           53-54   Tackling bullying
           55-56   Conclusion and questions
Introduction




     Page 3
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 banking
• 10 years in training and human resources
• Freelance practitioner since 2006
• The core services provided by Toronto Training and HR are:
              - Training course design
              - Training course delivery
              - Reducing costs
              - Saving time
              - Improving employee engagement & morale
              - Services for job seekers

                            Page 4
Definitions




    Page 5
            Definitions 1 of 3
Bullying
Harassment

Workplace   bullying
Workplace   abuse
Workplace   harassment
Workplace   psychological harassment




                       Page 6
            Definitions 2 of 3
WORKPLACE BULLYING
Excluding a person from conversations or
activities
Withholding information needed for a person’s work
Undervaluing a person’s effort
Spreading rumours or gossip
Taking credit for other people’s ideas
Constant criticism
Preventing applications for training, leave or promotions
Yelling or swearing
Physical abuse or threats of physical abuse


                          Page 7
         Definitions 3 of 3
WORKPLACE BULLYING
Behaviours
Persistency
Intent
Power imbalance




                     Page 8
 The nature of the
employer-employee
   relationship




        Page 9
  The nature of the employer-
  employee relationship 1 of 3
COMMON LAW
Employment law at common law is contractual; the
non-union workplace
Tort law
Law of defamation
Law of damages

Common law response to bullying & harassment



                     Page 10
  The nature of the employer-
  employee relationship 2 of 3
UNIONIZED WORKPLACES
The legal situation
Arbitration cases
Termination of co-worker upheld

Common law response to bullying & harassment




                     Page 11
  The nature of the employer-
  employee relationship 3 of 3
STATUTORY FRAMEWORK
Labour Standards Act
Occupational Health & Safety Act
Ontario Human Rights Code
Workers’ Compensation Act




                     Page 12
Three steps to a healthy
       workplace




          Page 13
      Three steps to a healthy
             workplace
1.Create the climate
2.Set up the framework
3.Maintain the gains




                     Page 14
Drill




 Page 15
Drill




Page 16
Identifying harassment




         Page 17
       Identifying harassment
Unwelcome behaviour that demeans, humiliates or
embarrasses
Unwanted sexual behaviour
Abuse of authority




                    Page 18
Anti-harassment policies




          Page 19
Anti-harassment policies 1 of 4
WHAT’S IN IT FOR ME?
Employees may be afraid to complain
Harassment costs money
Education increases awareness and minimizes
problems
Employers are legally responsible
Anti-harassment policies improve productivity and
profits



                      Page 20
Anti-harassment policies 2 of 4
TO BE EFFECTIVE IT NEEDS TO BE:
Unequivocally supported by management
Clear
Fair
Known to everyone, at all levels of the
organization
Applied to everyone, at all levels of the
organization



                      Page 21
 Anti-harassment policies 3 of 4
WHAT SHOULD BE IN THE POLICY?
Policy statement
The law
Employees’ and managers’ rights and responsibilities
Direct action
Informal procedures
Mediation
Formal complaints
Other options



                       Page 22
Anti-harassment policies 4 of 4
WHAT SHOULD BE IN THE POLICY?
Anti-harassment counsellors
Investigators
Decision
Time limits
Appeals
Retaliation
Unsubstantiated complaints
Complaints made in bad faith



                   Page 23
Harassment offsite




       Page 24
          Harassment offsite
Harassment does not always come from colleagues
Workplace harassment does not always take place
at work
Policy amendments

Dealing with complaints
Take the complaint seriously
Investigate the complaint
Take steps to address the situation


                      Page 25
Response of tribunals to a
   human rights claim




           Page 26
     Response of tribunals to a
        human rights claim
The procedures in place at the time to deal with
discrimination and harassment
How quickly the organization responded to the complaint
How seriously the complaint was treated
The resources made available to deal with the complaint
If the organization provided a healthy environment for
the person who complained
How well the person who complained was told about the
action taken



                        Page 27
Preventing harassment at
  schools and colleges




          Page 28
     Preventing harassment at
    schools and colleges 1 of 3
Showing a clear attitude that discrimination based on
sexual orientation, including homophobic bullying, will
not be tolerated
Having an effective anti-sexual and gender-based
harassment policy in place and making sure all students
know about it
Communicating clearly to the student body the
consequences of all forms of sexual and gender-based
harassment, including online sexual and gender-based
harassment


                        Page 29
     Preventing harassment at
    schools and colleges 2 of 3
Including online harassment prevention measures in
sexual harassment and school Internet policies
Teaching students and staff about sexual harassment,
including gender-based harassment, sex-role
stereotyping, and homophobic comment and conduct
Using role-playing and educational exercises to help
students be more aware of the impact of sexual and
gender-based harassment on others
Teaching students media literacy to help their critical
thinking and to ask appropriate questions about what
they watch, hear and read

                         Page 30
     Preventing harassment at
    schools and colleges 3 of 3
Teaching students how to protect themselves from
online sexual and gender-based harassment
Respecting the confidentiality of students who report
sexual and gender-based harassment and related
bullying. This may encourage other students to report
harassment
Making sure staff have enough resources, training and
tools to spot sexually harassing behaviours, and to
identify and report incidents when they do occur



                       Page 31
Harassment behaviours to
        beware




          Page 32
    Harassment behaviours to
            beware
Watch the language
Some jokes are not funny
Train for different cultures
Watch for inappropriate conduct
Train about the importance of reporting
Follow-up is crucial




                      Page 33
Myths and facts about
 sexual harassment




         Page 34
  Myths and facts about sexual
       harassment 1 of 4
Sexual harassment is not very common
So-called sexual harassment is just natural, normal
behavior. Women should feel complimented that
they are considered desirable and attractive
Women who object have no sense of humour
If a worker asks another worker for a date,
suddenly a sexual harassment complaint will be
filed
Sexual harassment doesn’t hurt anyone


                      Page 35
  Myths and facts about sexual
       harassment 2 of 4
A firm “no” is enough to discourage any man.
Women who enter a predominately male field
should expect to put up with rough language, off-
colour jokes and hazing. The women will be
treated the same as new male hires.
Women often make false claims of sexual
harassment.




                      Page 36
  Myths and facts about sexual
       harassment 3 of 4
EXAMPLES OF SEXUAL HARASSMENT
Asking for sex in exchange for a benefit or a favour
Repeatedly asking for dates, and not taking “no” for an
answer
Demanding hugs
Making unnecessary physical contact, including unwanted
touching
Using rude or insulting language or making comments
toward girls and women (or boys and men)
Bullying based on sex or gender
Spreading sexual rumours or gossip (including online)


                         Page 37
  Myths and facts about sexual
       harassment 4 of 4
EXAMPLES OF SEXUAL HARASSMENT
Calling people sex-specific derogatory names
Making sex-related comments about a person’s physical
characteristics or actions
Saying or doing something because you think a person
does not conform to sex-role stereotypes
Posting or sharing pornography, sexual pictures or
cartoons, sexually explicit graffiti, or other sexual images
(including online)
Making sexual jokes
Bragging about sexual prowess


                           Page 38
Toronto Police Service v
     Chuvalo case




          Page 39
      Toronto Police Service v
           Chuvalo case
Background
The flawed investigation
The Human Rights Tribunal’s review
Finding and damages
Points to consider for employers




                     Page 40
Factors that shape
workplace bullying




       Page 41
    Factors that shape workplace
               bullying
INDIVIDUAL
Characteristics of targets
Characteristics of perpetrators
ORGANIZATIONAL
Leadership
Organizational change
Work environment
Workplace culture



                       Page 42
Work-related stress and
       bullying




          Page 43
  Work-related stress and bullying
Definition of work-related stress
Bullying that can cause work-related stress
Work-related stress that can cause bullying
Factors that lead to both
Intervention strategies to tackle work-related
stress




                       Page 44
  My new head of
department is a bully!




         Page 45
My new head of department is a
           bully!
Address the situation from both the side of the
department manager and that of the department
team-but be careful not to undermine the manager
Ask your employee assistance provider for help in
delivering an awareness campaign of support
available
Use coaching to help the manager realize the impact
their behaviour is having
Understand the underlying issues by communicating
with the manager and employees

                      Page 46
Employer liability for
 tolerating bullying




         Page 47
 Employer liability for tolerating
        bullying 1 of 2
Provincial Occupational Health & Safety laws
Human Rights laws
Infliction of mental distress
Constructive dismissal
C-45




                      Page 48
 Employer liability for tolerating
        bullying 2 of 2
AMERICAN BAR ASSOCIATION
Tort law covering negligent hiring and negligent
retention
Discrimination law and disability law where the employer
is dealing with mental illness
Private/public benefits, especially workers’ compensation
law
Occupational Health & Safety Act
Employee handbooks
Collective bargaining


                         Page 49
Spotting bullying




       Page 50
      Spotting bullying 1 of 2
Low morale
Poor performance
Absenteeism
Intra-team conflict
High staff turnover
Aggressive behaviour




                       Page 51
       Spotting bullying 2 of 2
Bullies are likely to have poor relationships with
colleagues
Watch out for teams with high staff turnover
Bullying managers tend to make impulsive,
random decisions that exhibit a need to be in
control and micro-manage
The victims of bullying can display a decline in
performance and an increase in absenteeism



                       Page 52
Tackling bullying




       Page 53
           Tackling bullying
Initiatives
Primary prevention
Secondary prevention
Tertiary prevention




                       Page 54
Conclusion & Questions




         Page 55
                Conclusion
Employer checklist for a bully-free workplace
Checklist and model anti-harassment policy for
medium and large organizations
Checklist and model anti-harassment policy for
small organizations
Summary
Questions



                       Page 56

								
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