HARASSMENT AT ITS FINEST!

Presentation to:
UNDE Council of Locals
13 – 14 Apr 2012
Debbie Graham, UNDE OPI H&S and VP NL/NB
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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)
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BULLYING – Use superior strength or
influence to intimidate (someone), typically
to force them to do what one wants.
(Google)
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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 –
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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 –
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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
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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)
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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)???
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Canadian Human Rights – No Discrimination and
Harassment
◦ Last Resort
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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
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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
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Workplace Violence, Bullying, No Discrimination and
Harassment
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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
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Ensure Policies are Developed and Implemented for:
◦ Section 36 – Harassment
◦ Section 37 – Violence
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Ensure Proper Redress or Recourse Procedures
Included in Policies