Harassment in the Workplace - PDF by kxd17152


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									Workplace Harassment                                                                                                  Page 1 of 5
       01-04                               Workplace Harassment

       Purpose                             To define workplace harassment and specify guidelines and procedures
                                           for investigating harassment complaints.

       Scope                               All employees at the workplace or at any time while wearing a company

       Overview                            Workplace harassment will not be tolerated. Air Canada will make every
                                           reasonable effort to ensure that no employee is harassed and will remedy
                                           any harassment that does occur, despite those efforts.

                                           Complaints of a poisoned work environment or workplace conflict that do
                                           not involve harassment will also be handled according to the procedures
                                           set out below.

                                           Any employee who violates this policy will be subject to discipline, up to
                                           and including dismissal.

       Confidentiality                     All parties to a harassment complaint - complainant, respondent,
                                           witnesses, investigators and managers - are responsible for maintaining
                                           confidentiality. All information related to complaints is kept confidentially in
                                           the Harassment Office.

                                           The company endeavours to maintain confidentiality throughout the
                                           investigation procedure; however, no guarantee can be given to any party
                                           involved in the complaint that their names and the information they
                                           provide during the investigation won't be revealed. The company may
                                           need to disclose information to investigate the complaint, and in cases
                                           such as arbitrations, court proceedings, or safety and security concerns.
                                           Managers involved in a complaint are reminded to keep all information
                                           confidential, except in the above cases.

                                           Unless harassment is substantiated, no information about the complaint
                                           will appear on the employee file of either the respondent or the
                                           complainant. No complaint-related information is placed on the employee
                                           file of any witness.

       Workplace harassment                Discriminatory acts that adversely affect specific employees or groups of
                                           employees based on the prohibited grounds as defined in the Canadian
                                           Human Rights Act, or

                                           Acts or behaviours that create an intimidating, threatening, coercive or
                                           hostile work environment, so that one or all of the following occurs:

                                                  The work performance of one or more employees is impaired.
                                                  The employment relationship is adversely affected.
                                                  The dignity or respect of one or more employees is denied.
       Prohibited grounds
                                           The prohibited grounds include the following:

                                                  National or ethnic origin
                                                  Sexual orientation
                                                  Marital status
                                                  Family status
https://acaeronet.aircanada.ca/http://aeronet.aircanada.ca/library/policies/new/harassement.htm                       23/01/2006
Workplace Harassment                                                                                                  Page 2 of 5
                                                 Conviction for which a pardon has been granted
       Sexual harassment                   Sexual harassment is defined by the Canada Labour Code as any
                                           conduct, comment, gesture, or contact of a sexual nature likely to cause
                                           offence or humiliation to any employee, or that might, on reasonable
                                           grounds, be perceived by that employee as placing a condition of a
                                           sexual nature on employment or on any opportunity for training or

                                           Examples of behaviour that could constitute sexual harassment include
                                           the following:

                                                  Questions and discussions about a person's sexual activity.
                                                  Sexual innuendo (even in the guise of humour).
                                                  Leering (suggestive staring) or other offensive gestures.
                                                  Touching a person in a sexual way.
                                                  Commenting on someone's sexual attractiveness or sexual
                                                  Persisting in asking for a date after having been refused.
                                                  Writing sexually suggestive letters or notes.
                                                  Circulation or display, including by electronic means, of sexual
                                                  material. This includes screen-savers on computers.
       Workplace conflict                  A conflict not involving harassment, between two or more employees.

       Poisoned work                       An environment where the inappropriate actions or behaviour of one or
       environment                         more employees, whether or not constituting harassment, affect a work
                                           group or department.

       Workplace                           Any company or work-related premises, facility, aircraft or property. This
                                           may include but is not limited to airports, offices, crew hotels, off-site
                                           conferences and meetings, shop floor, rest rooms, cafeterias, staff
                                           lunchrooms, computers, lockers, vehicles and parking lots.

                                           Workplace also includes any personal belongings, such as tool boxes,
                                           used on company premises.

       Fact-finding                        An investigation conducted to obtain and report facts. Hearsay evidence
       investigation                       and third party information are not included in the report. Opinions, either
                                           of the investigator or of other parties involved in the investigation, are not
                                           part of a fact-finding report.

       Complainant                         Employee initiating a harassment complaint.

       Respondent                          Employee who is the alleged harasser.

       Vindictive complaint                A complaint filed in bad faith for the purpose of revenge or to cause harm
                                           or pain to another employee.

       Frivolous complaint                 A complaint that lacks seriousness or merit.

       The Complaint
       Investigation Process
       Time limit for initiating a         All harassment complaints should be filed promptly after the alleged
       complaint                           incident or series of incidents.

                                           Prompt filing of complaints is in the interest of all parties because it
                                           facilitates the investigation, which means a faster resolution of the
                                           problem. A delay in filing a complaint makes investigations more difficult
                                           because memories may fade, potential witnesses may leave, and any
                                           documentary evidence may be lost.

       Informal complaints                 Before submitting formal harassment complaints, employees who believe
                                           that they have complaints of harassment are encouraged to do the

https://acaeronet.aircanada.ca/http://aeronet.aircanada.ca/library/policies/new/harassement.htm                       23/01/2006
Workplace Harassment                                                                                                 Page 3 of 5
                                                  Make their objections known to the alleged harasser(s).
                                                  Attempt to resolve the matter.
                                                  Contact their manager if the above steps don't correct the situation,
                                                  or if the employee feels intimidated.

                                           During the informal complaint process the manager consults with the
                                           complainant to determine the nature of the complaint and how the
                                           complainant wishes to deal with the situation. The manager also consults
                                           with the harassment office to determine whether any previous harassment
                                           complaints have been filed involving the parties concerned.

                                           If employees or managers require support, the Harassment Office may be
                                           contacted as a resource.

       Formal complaints                   If the situation can't be resolved at the informal level, and the complaint
                                           falls under the jurisdiction of the Harassment Policy, the employee
                                           completes a formal complaint form and submits it to the Harassment
                                           Office. The formal procedure in this policy is followed.

       Appeal hearings                     Appeal hearings may be granted if the following criteria are present:

                                                  Additional relevant information regarding the original matter.
                                                  Proof that the policy was applied incorrectly or that the
                                                  investigation was flawed.
       Consequences of
       Retaliation, or
       Vindictive Complaints
       Harassment                          When harassment is found, the harasser may be:

                                                  Referred to EAP for counseling.
                                                  Referred to appropriate developmental courses.
                                                  Subject to discipline up to and including dismissal.

                                           If changes in the workplace are necessary, the harasser is subjected to
                                           the changes. For example, if harassment results in the transfer of an
                                           employee, the harasser will be the one transferred, except when the
                                           complainant requests the transfer.

       Retaliation                         Retaliation in any form against any party involved in the complaint is
                                           unacceptable and the employee will be subject to disciplinary action up to
                                           and including dismissal.

       Vindictive complaints               If an investigation determines that a harassment complaint is vindictive,
                                           the complainant or the appropriate parties will be subject to disciplinary
                                           action up to and including dismissal.

       Frivolous complaints                If an investigation determines that a harassment complaint is frivolous,
                                           the complaint will be dismissed.

       Employee                                   Maintains a manner in the workplace that respects all employees'
                                                  human rights, thus promoting a harassment-free workplace as
                                                  defined in this policy.
                                                  Complies with the terms of this policy.
                                                  Makes, if possible, his or her disapproval and specific objections
                                                  known to the employee whose behaviour is in question.
                                                  Keeps a written record of dates and times of unacceptable
                                                  behaviour and the names of witnesses to the incidents.
                                                  Reports incidents of harassment to his or her manager and/or the
                                                  Harassment Office.

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Workplace Harassment                                                                                                Page 4 of 5
       Manager                                       Ensures the workplace is free from harassment as defined in this
                                                     Ensures employees are informed of the harassment policy.
                                                     Applies the application of the harassment policy consistently.
                                                     Begins a course of action to stop harassment as soon as he or she
                                                     becomes aware of, hears, or observes harassment whether or not
                                                     a complaint has been filed.
                                                     Responds quickly to employee complaints.
                                                     Oversees, where possible, informal complaints through to
                                                     Begins a course of action to remedy and prevent recurrence.
                                                     Implements corrective action when necessary.
       Procedure for Informal Harassment Complaints
        Responsibility            Action
        Employee                    1. Makes his or her objection known to the alleged harasser.
                                    2. Attempts to resolve the matter.
                                    3. Contacts his or her manager or the Harassment office if the situation
                                        can't be corrected at the lowest level, or if the employee feels
        Manager                     4. Consults with the harassment office to determine whether any
                                        previous harassment complaints have been filed involving the parties
                                    5. Conducts a fact-finding investigation.
                                    6. Completes Information Form-Informal Harassment Complaint,
                                        including resolution reached and/or action taken and emails a copy to
                                        the Harassment Office for tracking purposes.
        Employee or Manager         7. Contacts the Harassment Office if they require support.

       Procedure for Formal Harassment Complaints

       The following procedures may vary according to individual situations:

        Responsibility             Action:
        Employee                     1. Completes a Harassment Complaint Form and a written description
                                         of the details of the complaint.
                                     2. Submits the complaint to the Harassment Office.
        Harassment Office            3. Acknowledges receipt of the complaint in writing to the complainant:
                                          a) Advising the complainant of his or her right to representation.
                                          b) Informing the complainant that investigators will be in contact to
                                          arrange a meeting.

                                     4. Provides written notification of the complaint to the respondent:
                                          a) Advising the respondent of the allegations.
                                          b) Informing the respondent of his or her right to representation.
                                          c) Informing the respondent that investigators will be in contact to
                                          arrange a meeting.

                                     5.   Advises applicable manager(s) that a complaint has been filed.
                                     6.   Appoints two investigators to investigate the complaint.
        Investigators                7.   Review the complaint and allegations.
                                     8.   Conduct interviews with the complainant, respondent, and any
                                     9.   Submit where practical within 30 calendar days or less of the filing of
                                          the complaint a written fact-finding report to the harassment office.
        Harassment Office           10.   Reviews report.

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Workplace Harassment                                                                                              Page 5 of 5
                                    11. Forwards outcome letter and summary of fact-finding report to the
                                         complainant and respondent.
                                    12. Forwards fact-finding report and recommendations to manager.
        Manager                     13. Reviews report and recommendations provided by the Harassment
                                    14. Contacts Harassment Office and/or Labour Relations for guidance or
                                         advice, if necessary.
                                    15. Decides and implements appropriate remedy.
        Harassment Office           16. Follows up with management to ensure resolution has been reached.

       Procedure for Formal Harassment Complaint Appeal Process

        Responsibility             Action
        Employee                     1. Forwards a written appeal of the decision within 14 calendar days of
                                         receiving the decision, providing detailed reasons for the request, to
                                         the Senior Director, Human Resources.
                                     2. Files a grievance, if discipline is involved, according to the terms of
                                         the applicable collective agreement (where an employee is a member
                                         of a union).
        Senior Director, Human       3. Sends a letter to the employee acknowledging the receipt of appeal.
        Resources                    4. Notifies the employee whether or not an appeal hearing will be held.
                                     5. Arranges a hearing date and time with the employee, if an appeal
                                         hearing is being conducted.
                                     6. Notifies the employee of the decision reached within 14 calendar
                                         days following the conclusion of the hearing.

       This process does not preclude the employee's right to file a complaint with the Canadian
       Human Rights Commission in accordance with the Canadian Human Rights Act.

        Effective Date:     Last Revision          Sponsor:             Who to call for more information:
        January 1, 1986     July 12, 2005          People Branch        Mardelle Rowell
                                                                        Human Rights Advisor
                                                                        (604) 276 3392
                                                                        fax (604) 270-5143

https://acaeronet.aircanada.ca/http://aeronet.aircanada.ca/library/policies/new/harassement.htm                   23/01/2006

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