2. Harassment and Abuse
2.1 Workplace Harassment
The Essex Region Conservation Authority (ERCA) will take all reasonable steps to provide a
work environment that is free from all forms of harassment. It is required that all employees
of ERCA treat one another with respect and professionalism and that they refrain from
harassing behavior. Management in each department is responsible for taking steps to
prevent harassment and addressing it if it does occur.
As used in this policy, the term workplace refers to any location where ERCA business is
conducted or ERCA services are provided. Harassment that occurs outside the workplace but
has repercussions in the work environment that adversely affect working relationships may
also be considered harassment.
All employees have a right to work in an environment where their dignity is respected and
they are free from harassment. The Ontario Human Rights Code provides all employees with
the right to be free from harassment in the workplace by the employer, an agent of the
employer or by another employee because of race, ancestry, place of origin, colour, ethnic
origin, citizenship, creed, age, record of offences, marital status, family status and handicap.
As well, all employees have the right to freedom from harassment in the workplace because
of sex.
Harassment is a course of vexatious (i.e. bothersome, irritating or annoying) comment or
conduct that is known or ought reasonably to be known to be unwelcome. It is any behaviour
that is demeaning or offensive and which is directed against a person because of those things
listed in the Ontario Human Rights Code which are protected from harassment such as race,
age, martial or family status or sex.
We are committed to making every reasonable effort to ensure that no employee is subject to
such harassment. This policy applies to every employee and all other individuals with
whom ERCA and its employees interact.
2.2 Sexual Misconduct/Harassment is
2.2.1 Unwanted sexual attention of a persistent or abusive nature, made by a person who
knows or should reasonably know that such attention is unwanted;
2.2.2 Implied or expressed promise of reward for complying with a sexually orientated
request;
2.2.3 Implied or expressed threat of reprisal or denial of opportunity for refusal to
comply with the sexually orientated request;
2.2.4 Sexually orientated remarks and behaviour that creates a negative psychological
and emotional environment for work.
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2.3 Prevention of Harassment
2.3.1 When an employee feels they are being harassed they should tell the individual that
his/her behaviour is unwelcome and ask him/her to stop.
2.3.2 If the employee feels that he/she cannot confront the harasser directly or if the
behaviour continues, the concerns should be brought to the attention of his or her
immediate supervisor. If for any reason the employee feels uncomfortable about
making a report to the supervisor, then the report should be made to a member of
senior management.
2.4 Processing a Harassment Complaint
2.4.1 Once a complaint is received, every effort shall be made to treat the complaint in a
sensitive and confidential fashion. The complainant and the alleged harasser will
both be interviewed along with any other individuals who may be able to provide
relevant information, as soon as possible.
2.4.2 Where the investigation reveals evidence to support the complaint of harassment the
harassing employee will be subject to appropriate discipline, up to and including
dismissal.
2.4.3 Regardless of the outcome of a harassment complaint made in good faith, the
employer will endeavour to protect the employee lodging the complaint, as well as
anyone providing information, from any form of retaliation relating to their working
conditions by either co-workers or superiors.
2.5 Investigation of Harassment
2.5.1 All complaints regarding an alleged violation of this Harassment Policy must be in
writing, signed by the complainant, and witnessed. The complaint should contain as
many particulars as possible and should name all persons who, according to the
complainant, allegedly violated this Harassment Policy as well as all persons who, to
the knowledge of the complainant, may have witnessed the alleged incident(s)
and/or who may have knowledge regarding the matter.
2.5.2 When meeting with the complainant and when meeting with any witness or person
who may have knowledge of the matter, two (2) representatives of the Employer
will be present. Every effort will be made to have the same two (2) Employer
representatives involve in the matter throughout and present at all interviews and
discussions.
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2.5.3 After the Employer receives a written, witnessed complaint, representatives of the
Employer, will meet with the complainant. If the complainant is a member of the
bargaining unit, an offer will be extended to the complainant to have an appropriate
Union Representative present during any discussions with the complainant by the
representatives of the Employer. If there are to any changes, additions or deletions
to the written complaint, such changes, additions or deletions will be made, in
writing during this meeting and will be signed by the complainant and the witness
who previously witnessed the signature of the complainant on the complaint.
2.5.4 During the meeting, held pursuant to policy section 2.5.3 above, the complainant
will be advised, by a representative of the Employer, of the procedure that the
Employer intends to follow if the complaint is to be investigated. It is understood
that the Employer has the right to adopt a procedure that it determines to be most
appropriate in the particular circumstances despite anything contained in this
document. As far as possible, the complainant will be advised of changes in the
procedure, if any, relative to what was told to the complainant initially in that
regard.
2.5.5 After representatives of the Employer have interviewed the complainant, if the
Employer is of the view that the complaint contains allegations which, if true, would
amount to a violation of this Harassment Policy, arrangements will be made for
representatives of the Employer to meet with and to interview each person named in
the complaint as a witness to the alleged incident(s) and/or as a person who may
have knowledge regarding the matter.
2.5.6 If any person who is to be interviewed pursuant to policy section 2.5.5 above is a
member of the bargaining unit, an offer will be extended to each such person to have
the appropriate Union Representative or legal representative present during his/her
interview.
2.5.7 During the interview of persons pursuant to policy section 2.5.5 above, complete
notes will be made by the Employer representatives. At the conclusion of the
interview, these notes will be read by the person who was interviewed. This person
will then be asked if there is anything that he/she wishes to be added to the notes. If
there are additions requested, these additions will be included in the notes, in
writing, and identified as additions that were requested by that person. This person
will then be requested to sign the notes. If any such person agrees to sign the notes,
the following endorsement will be written on the notes by that person before his/her
signature:
“I have read these notes made by
during a meeting
and discussion with me this
day of_________________ 20 and I
hereby confirm the accuracy thereof.
”
If any such person declines to sign the notes, as he/she is entitled to do, a notation
will be included in the notes to this effect.
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2.5.8 After the foregoing procedure is completed, the Employer will then determine
whether further investigation of the matter is warranted. If the Employer determines
that further investigation is not warranted, representatives of the Employer will meet
with the complainant in order to advise the complainant of the Employer’s decision
and the reasons therefore. If the complainant is a member of the bargaining unit, an
offer will be extended to the complainant to have the appropriate Union
Representative present during the meeting with the representatives of the Employer.
2.5.9 If the Employer determines that further investigation of the matter is warranted,
arrangements will be made for representatives of the Employer to meet with and to
interview each person named in the complaint as a person who allegedly violated the
Harassment Policy in order to receive that person’s account of the matter and that
person’s response to the allegations contained in the complaint.
2.5.10 If any person, who is to be interviewed pursuant to policy section 2.5.9 above, is a
member of the bargaining unit, an offer will be extended to each such person to have
the appropriate Union Representative present during his/her interview.
2.5.11 During the interview of persons pursuant to policy section 2.5.9 above, complete
notes will be made by the Employer representatives. At the conclusion of the
interview, these notes will be offered to the person who was interviewed so that
he/she can read the notes. After that person has read the notes, the person will be
asked if there is anything that he/she wishes to be added to the notes. If there are
additions requested, these additions will be included in the notes, in writing, and
identified as additions that were requested by that person. This person will then be
requested to sign the notes. If any such person agrees to sign the notes, the
following endorsement will be written on the notes by that person before his/her
signature:
“I have read these notes made by
during a meeting
and discussion with me this
day of___________ 20 and I hereby
confirm the accuracy thereof.
”
If any such person declines to sign the notes, as he/she is entitled to do, a notation
will be included in the notes to this effect.
2.5.12 The Employer representatives may wish to call a meeting to be attended by the
complainant and the person(s) named in the complaint as the person(s) who
allegedly violated the Harassment Policy. If either the complainant or any person
named in the complaint as a person who allegedly violated the Harassment Policy is
a member of the bargaining unit, an offer will be extended to the complainant and to
each such person to have the appropriate Union Representative or legal
representative present during the meeting.
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2.5.13 After the Employer has completed its investigation and has determined what, if any,
action it will take in the matter, representatives of the Employer will meet with the
complainant and each person named in the complaint as a person who allegedly
violated the Harassment Policy in order to advise each such person of what, if any,
action the Employer will be taking. If either the complainant or any person named
in the complaint as a person who allegedly violated the Harassment Policy is a
member of the bargaining unit, an offer will be extended to the complainant and to
each such person to have the appropriate Union Representative present during the
meeting.
2.5.14 The Employer intends to follow the foregoing procedure with respect to all
complaints received by it alleging a violation of its Harassment Policy. However, in
each case, the actual procedure adopted by the Employer will be determined based
upon the particular circumstances involved in that case. The actual procedure
adopted may also change, if the employee files a Grievance.
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