Presentation to: UNDE Council of Locals 13 – 14 Apr 2012 Debbie Graham, UNDE OPI H&S and VP NL/NB BULLY – A person who likes to hurt or intimidate those weaker than themselves. To coerce by threats, intimidate. To be quarrelsome and blustering. (Doubleday Dictionary (1975) BULLYING – Use superior strength or influence to intimidate (someone), typically to force them to do what one wants. (Google) HARASS – To trouble or worry persistently. To worry (an enemy) by repeated raids and small attacks. To annoy, bother. (Doubleday Dictionary 1975) Harassment- a feeling of intense annoyance caused by being tormented. The act of tormenting by continued persistent attacks and criticism. (Google) Emotional Verbal Physical General Harassment Sexual Harassment Psychological Harassment Others – Legal, Police, Electronic, Racial, Religious 1 in 6 Violent Incidents in Canada Occur in the Workplace 356,000 Workplace Violence Incidents Occur Each Year in Canada $7.6 Billion Estimate Annual Cost of Workplace Violence in Canada (Scott Crowley, Monday May 17, 2010 quoting Statistics Canada Report 2009) Workplace Violence and Bullying – Canada Labour Code Part II – Section XX (overseen by HRSDC) Collective Agreements – Health and Safety Saskatchewan Occupational Health and Safety Reg 37 DND Policy – Prevention of Workplace Violence (still in draft) No Discrimination and Harassment – Canadian Human Rights Act – No Discrimination Collective Agreements – No Discrimination (includes Harassment and Union Affiliation) and Sexual Harassment Treasury Board Policy – Is This Harassment DND Policy – Harassment Prevention and Resolution Saskatchewan Occupational Health and Safety Reg 36 CLC Part II Section XX – Workplace Violence ◦ Investigation will be conducted by Competent Person ◦ Access to HRSDC Labour Rep to ensure Code Followed ◦ Measures to Assist Employees Provision -Section 20.8(5) Saskatchewan Occupational Health and Safety Act Section 14(1) Regulations 36 and 37 ◦ Employer obligated to develop and implement Policy Statement (Commitment and Procedures to Follow)??? Canadian Human Rights – No Discrimination and Harassment ◦ Last Resort Treasury Board ◦ No Policy on Workplace Violence – Department’s Obligation ◦ Lack of Recognition for Union Involvement in Harassment Investigations ◦ Harassment Complaints Subject to Situational Assessments ◦ Sacrifice Recourse Rights if Using Harassment Policy DND ◦ Right to Determine Competent Person for Workplace Violence Complaints ◦ Lack of Recognition for Union Involvement in Harassment Investigations ◦ Harassment Complaints Subject to Situational Assessments ◦ Harassment Complaints Subject to Reviewing Officers Determination ◦ Recourse Rights – Grieving the Decision Workplace Violence, Bullying, No Discrimination and Harassment ◦ ◦ ◦ ◦ File a Grievance – No Discrimination or Harassment File a Grievance – Health and Safety File a CLC Complaint for Workplace Violence Ensure CLC Section XX Followed for Investigations of Workplace Violence ◦ Do Not Participate in Harassment Investigations Ensure Policies are Developed and Implemented for: ◦ Section 36 – Harassment ◦ Section 37 – Violence Ensure Proper Redress or Recourse Procedures Included in Policies
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