The Treasury Board Policy on Harassment Prevention and Resolution and The Directive on the Harassment Complaint Process Presentation to HRUCC

Transcription

1 The Treasury Board Policy on Harassment Prevention and Resolution and The Directive on the Harassment Complaint Process Presentation to HRUCC November 21, 2012

2 Purpose To purpose of the presentation is to highlight: changes to the Treasury Board (TBS) Policy on the Prevention and Resolution of Harassment in the Workplace and to introduce the TBS Directive on the Harassment Complaint Process which came into effect on October 1, 2012 the responsibilities for the Deputy Minister (DM) and other stakeholders The steps in the Harassment Complaint process Available Tools Next steps 2

3 Context The Policy on Harassment Prevention and Resolution (the Policy) and the new Directive on the Harassment Complaint Process (the Directive) form part of the Office of the Chief Human Resources Officer s (OCHRO) comprehensive review of all mandatory people management policy instruments. Their development is consistent with the Treasury Board Policy Suite Renewal initiative. The renewed Policy and Directive together replace the 2001 Policy on the Prevention and Resolution of Harassment in the Workplace. TBS is drafting new Guidelines on Applying the Harassment Resolution Process which are expected this fall. 3

4 Policy/Directive Objectives The Policy provides: high level strategic direction for deputy heads, linked to issues and risks in terms of prevention and legal obligations. the DM with flexibility to adapt programs and decisions to best meet the needs of AAFC. for optimization of informal resolution processes and increases the emphasis on preventive activities Restoring the workplace following an allegation of harassment. 4

5 Significant Changes The 2012 Policy: provides DM with flexibility to tailor harassment prevention and resolution mechanisms and practices to their operational needs; emphasizes the need for organizations to restore the workplace following alleged harassment, and encourages greater use of informal resolution processes; Highlights the need to consider other related legislation such as the Canadian Human Rights Act, Canada Labour Code Part II and the Canada Occupational Health and Safety Regulations; emphasizes the need for organizations to undertake preventive activities and achieve results in a manner that is both respectful to employees and supportive of a more collaborative approach between deputy heads, employees and bargaining agents on harassment prevention and resolution; 5

6 Significant Changes (cont d) continues to reflect the responsibility of deputy heads for: establishing and maintaining a respectful and harassment-free workplace; promptly resolving related complaints (normally within 12 months, unless there are extenuating circumstances); and monitoring compliance within their organizations 6

7 Deputy Minister Responsibilities Ensuring that preventive activities are in place to foster a harassmentfree workplace. These include informing employees about the employer's commitment to fostering a harassment-free workplace and ensuring that results are achieved in a manner that respects employees. Optimizing the use of informal resolution processes and ensuring that those who are involved in managing and resolving harassment complaints have the required competencies, including informal conflict resolution skills. Regularly consulting with bargaining agents, informal conflict resolution practitioners and other stakeholders on the application of the Directive Designating an official or officials for the application of the Policy and the Directive. 7

8 Stakeholders Employees are responsible to maintain a respectful workplace. Supervisors/managers (all levels) are responsible for addressing issues of harassment as soon as they become aware. Designated Official in AAFC the Delegated Manager for Harassment is Johanne Bélisle. AAFC Departmental Harassment Coordinator Lucia Kuhl Labour Relations Ceci O Flaherty, Director. Values & Ethics and Conflict Resolution Shauna Guillemin, Director. Union representatives support the process of resolution. 8

9 Responsibilities of the Delegated Manager for Harassment In AAFC Johanne Bélisle, Assistant Deputy Minister Human Resources Branch is the Delegated Manager for Harassment. She is responsible for: ensuring that the harassment complaint process is carried out promptly; and respects the principles of procedural fairness towards the complainant, the respondent and all other parties involved; Implements steps to restore the workplace 9

10 Harassment Complaint Process The Harassment Complaint Process must contain the following five steps: (Directive 6.1) Step 1 - Acknowledging receipt of the complaint. Note: The Canada Occupational Health and Safety Regulations - Part XX dealing with Violence Prevention in the Workplace found in the Canada Labour Code should be considered in cases of incidents of violence including alleged threats. Assaults, including sexual assault and criminal harassment are subject to the Criminal Code and such cases should be promptly referred to the appropriate authorities. Step 2 - Reviewing the complaint to determine whether the allegation(s) meets the definition of harassment as described in this directive. Step 3 - Exploring options for resolving the complaint while ensuring that consideration is given to informal resolution processes. Step 4 - Rendering a decision and notifying in writing the parties involved as to whether or not the allegations were founded. Step 5 - Restoring the well-being of the workplace. The Delegated Manager is responsible for ensuring that steps 1, 2, 3 and 4 are completed in a timely fashion, normally within 12 months unless there are extenuating circumstances, and that step 5 is initiated within the same time frame. 10

11 Monitoring and Reporting Deputy heads are responsible for monitoring compliance with this policy and its associated directive within their organizations. The achievement of expected results by deputy heads will be assessed by Treasury Board of Canada Secretariat, Office of the Chief Human Resources Officer (TBS/OCHRO) through data collection mechanisms such as the Public Service Employee Survey and the Management Accountability Framework. TBS/OCHRO is responsible for reviewing this policy and its effectiveness at the five-year mark of implementation. 11

12 Support/Tools AAFC Harassment Toolkit provides information on the various approaches for addressing alleged harassment in the workplace; including practical resources and references (currently being revised to reflect the changes to the Policy). Creating a Respectful Workplace Training (AGR240) Communications and Conflict Resolution in the Workplace (AGR226) TBS Guidelines on Applying the Harassment Resolution Process are currently under development and will provide additional information on the application of the steps in the harassment complaint process. Employee and Family Assistance Program (EFAP) 12

13 Next Steps Implementation of the communication strategy including: presentation to DG HMC Nov. 28, 2012; presentation to HMC Dec. 4, 2012; Creating a Respectful Workplace training continues to be offered in both languages schedule is available on AgriSource Update of the Toolkit for Harassment Update of Harassment Complaint Process flowchart 13