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COS-HR - Workplace Conduct Policy_HR_2018SAINT 10FIN Subject: Workplace Conduct Category: Human Resources Policy No.: COS-HR-006 M&C Report No.: Effective Date: Next Review Date: (3 years) Area(s) this policy applies to: Staff Office Responsible for review of this Policy: Human Resources Related Instruments: Policy Sponsors: Commissioner of Corporate Services Document Pages: This document consists of 7 pages. Revision History: Common Clerk's Annotation for Official Record I certify that the Workplace Conduct Policy was approved by the City Manager on July 10, 2018 July 10, 2018 Common Clerk Date Contact: Manager Human Resources: Stephanie Hossack Telephone: 650-7637 Email: Stephanie.hossack@saintjohn.ca CONTENTS 1. Policy Statement............................................................................................................................... 3 2. Scope................................................................................................................................................ 3 3. Legislation and Standards..................................................................................................................3 FalseReporting.................................................................................................................................4 Remedy............................................................................................................................................ 4 DisciplinaryActions...........................................................................................................................4 4. Roles and Responsibilities..................................................................................................................5 S. Monitor and Reviews.........................................................................................................................5 6. Implementation................................................................................................................................. 5 7. Authorization.................................................................................................................................... 5 8. Resources..........................................................................................................................................6 9. Procedures........................................................................................................................................6 10. Glossary............................................................................................................................................6 SexualHarassment............................................................................................................................6 Incivility............................................................................................................................................ 6 Violence............................................................................................................................................ 6 Retaliation........................................................................................................................................ 7 11. Inquiries............................................................................................................................................7 12. Appendices........................................................................................................................................7 1. POLICY STATEMENT The City of Saint John is committed to providing a safe work environment free from violence, threats of violence, harassment, bullying and disruptive behaviour damaging to the wellbeing of others and to the employer. Under this policy, we strive to protect employees who come together in service to the citizens of the City of Saint John from any damaging actions committed by individuals whether intentionally or otherwise. The City of Saint John will maintain a strict zero tolerance policy against any wrongdoing or impropriety under this policy and will immediately take appropriate disciplinary action(s) up to and including dismissal. This policy will also outline the type of conduct that is considered a breach of this policy. The objectives of this policy are: 1. To provide a safe work environment for all employees that is free from harassment, bullying, violence and other forms of inappropriate conduct when at work and at work related social functions. 2. To allow employees to express concerns and report incidents in good faith without reprisal. 3. To ensure all incidents and reports are investigated and dealt with appropriately 2. SCOPE Protection from negative, aggressive or inappropriate behaviour extends beyond the work place to off-site and work-related social events. This Policy Document applies to all employees and applies not only during working time, but to any activities on or off company premises which could reasonably be associated with the workplace or adversely affect the reputation of the City or its employees 3. LEGISLATION AND STANDARDS This Policy aligns with the provincial Occupational Health and Safety Act of New Brunswick, as well as the federal Canada Labour Code Part II and the Guidelines documents of the Canadian Human Rights Commission. Behaviours that fall under any of the descriptions below are subject to this policy: 3 WORKPLACE HARASSMENT/BULLYING For the purpose of this policy, the terms harassment and bullying are interchangeable and synonymous. Offensive, insulting, intimidating, and hurtful behaviour, including physical violence, threat of physical violence, discrimination and verbal abuse that the employee knows or should know: a. is unwelcome; b. creates a hostile work environment; or c. harms another person physically, emotionally or mentally. While harassment/bullying often encompass repeated verbal and/or physical abuse, under some circumstances even one occurrence of this behaviour may constitute workplace harassment. Workplace Harassment includes, but is not limited to: a. behaviour that is hostile in nature, and/or intends to degrade an individual based on personal attributes, including age, race, nationality, disability, family status, religion, gender, gender identity and expression, sexual orientation, and/or any other Human Rights protected grounds; b. action(s) that could reasonably be regarded as creating a hostile, intimidating or offensive workplace. This may include physical, verbal, written, graphic, or electronic means; c. any threat of physical violence that endangers the health and safety of the employee; d. filing a false charge or complaint against another to cause damage to the reputation or employment status of that person. Workplace harassment does not include those actions taken by a supervisor while appropriately and respectfully managing the performance of a subordinate. FALSE REPORTING It is a violation of this policy for anyone to knowingly make a false complaint or to provide false information about a complaint. Individuals who violate this policy are subject to disciplinary and/or corrective action, up to and including termination of employment. REMEDY Any employee who experiences any of the behaviour described above is strongly encouraged to report the activity to his or her manager or a representative of the City of Saint John Human Resources Department. All complaints will be investigated appropriately. No one who, in good faith, files a complaint under this policy will be subject to any form of reprisal or retaliation as a result of the complaint. The City of Saint John will apply appropriate disciplinary actions for any and all incidents arising from violation of this policy. DISCIPLINARY ACTIONS 0 If the findings of the investigation indicate that violence, harassment or bullying has occurred, immediate and appropriate corrective and/or disciplinary action, up to and including dismissal, shall be administered. Corrective actions shall be proportional to the seriousness or repetitiveness of the offense (an oral or written warning, training or counselling, monitoring the harasser, suspension, or dismissal may all be appropriate). GOVERNANCE INTERFACE Standards of conduct arising from the interaction of Members of Council, both individually and collectively, with City staff are defined and governed by Policy #2017-195 "Council Code of Conduct for the City of Saint John". 4. ROLES AND RESPONSIBILITIES All employees are responsible for ensuring they are working in a manner that follows this policy. This includes reporting any incidents they may witness. Management and Supervisors are responsible for ensuring any reports that are made to them, are investigated and handled appropriately. 5. MONITOR AND REVIEWS This policy will be reviewed every 3 years and as determined by the City Manager 6. IMPLEMENTATION This Policy Document will be implemented under the authority of the City Manager by the City of Saint John's Human Resources Division, Corporate Services. 7. AUTHORIZATION Common Council approved the associated Policy statement. This policy is authorized by the City Manager. 5 8. RESOURCES N/A 9. PROCEDURES Please refer to the Workplace Conduct Standard Operating Procedure for related procedures. 10. GLOSSARY SEXUAL HARASSMENT Conduct, comments, gestures, or contact of a sexual nature, whether on a one-time basis or a series of incidents that might reasonably be expected to cause offence or humiliation. Any action, comment or gesture that might reasonably be perceived as placing a condition of a sexual nature on an employee's continued employment or opportunity for training or promotion, and would be reasonably known as unwelcome behaviour. INCIVILITY Offensive, insulting, intimidating, and hurtful behaviour, a single occurrence of which does not rise to the level of harassment, but multiple occurrences which taken together, establishes a pattern of disrespectful behaviour toward a person or persons. Incivil email is defined as an email which implies rudeness, disrespect, and disregard for the recipient in a manner that is contrary to socially acceptable norms for communication. An incivil email also lacks any clear aggressiveness, which may make its interpretation confusing, ambiguous, and questionable from the recipient's perspective' VIOLENCE The act of violating, harming or damaging a person or property by: a. the exercise of physical force by a person against an employee that causes or could cause physical injury to the employee; b. an attempt to exercise physical force against an employee that could cause physical injury to the employee; c. statements or behaviour that are reasonable for an employee to interpret as a threat to exercise physical force against the employee Violence includes, but is not to be limited to the following: a. causing physical harm to another person; ' (Delano Parker & Spinner, 2010) b. threats of any nature. These may be verbal, written or electronic communications; c. aggressive behaviour that constitutes a reasonable fear of bodily harm to another person; d. verbal assault; e. intentional damage or destruction of property belonging to either the City of Saint John, or its employees; f. possession of a weapon while on City of Saint John premises, or while conducting City of Saint John business; g. sabotage to machinery, tools or equipment which may lead to personal injury. RETALIATION Retaliation, reprisals or threats of retaliation against any employee who has submitted a complaint under this policy or has provided information regarding a complaint are strictly prohibited. Any retaliation or reprisals are subject to immediate corrective action, up to and including dismissal. Alleged retaliation or reprisals are subject to the same procedures and penalties as any other complaint filed under this policy. 11. INQUIRIES Inquiries regarding this policy document can be addressed to the City of Saint John's Human Resources division of Corporate Services. 12. APPENDICES N/A 7