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HR-006 - Workplace Conduct Policy_2026 Subject: Workplace ConductPolicy Category:Policy Framework No.:Report No.: Effective Date:June 22, 2026Next Review Date: (1year) Area(s) thisframeworkappliesto:StaffOffice responsible for review of the framework: Human Resources Related Instruments:Sponsor:Commissioner of Human Resources Document Pages: This document consists of 9 pages. Revision History: Policy was updatedin June 2026by the Human Resources Department inconsultation with the Joint Health and Safety Committee Common Clerk's Annotation for Official record Date of Passage of Current Framework:October 3, 2016 I certify that theWorkplace Conduct Policy Statement wasapproved by Common Councilon October 3, 2016. ___________________________June 22, 2026___ City ClerkDate Date Created:Common Council Approval Date::Contact: October 3, 2016October 3, 2016Human Resources Department 1 TABLE OF CONTENTS 1. POLICY STATEMENT .................................................................................................................................. 3 2. SCOPE ........................................................................................................................................................ 3 3. LEGISLATION AND STANDARDS ............................................................................................................... 4 4. INTERIM MEASURES ................................................................................................................................. 5 5. INFORMAL RESOLUTION..........................................................................................................................5 6. REMEDY .................................................................................................................................................... 5 7. ROLES AND RESPONSIBILITIES ................................................................................................................. 6 8. CONFIDENTIALITY ..................................................................................................................................... 6 9. MONITOR AND REVIEW ........................................................................................................................... 6 10. IMPLEMENTATION ................................................................................................................................. 7 11. AUTHORIZATION .................................................................................................................................... 7 12. RESOURCES ............................................................................................................................................. 7 13. PROCEDURES .......................................................................................................................................... 7 14. GLOSSARY ............................................................................................................................................... 7 15. INQUIRIES ............................................................................................................................................... 9 16. APPENDICES ............................................................................................................................................ 9 2 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: 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. To allow employees to express concerns and report incidents in good faith without reprisal. To ensure all incidents and reports are investigated and dealt with appropriately 2. SCOPE This Policy applies to all aspects of the workplace, including physical locations and electronic environments used for work purposes. This includes, but is not limited to, the City of Saint John’s offices, facilities, premises, vehicles, and all digital platforms, systems, and communications. The Policy also extends to settings such as off-site locations, remote work environments, and work-related activities such as training sessions, business travel and conferences, work-related social functions, or business performed at any other location away, during, or outside of normal working hours. It also includes email and on-line communications. It applies during and outside of working hours whenever the activity can reasonably be connected to the workplace. This Policy applies to all employees, contractors, vendors, suppliers, and members of the public who interact with the City of Saint John in any capacity. If either the Complainant or Respondent is no longer employed by the City of Saint John or is no longer expected to provide services to the City, the City may decide whether to continue or conclude the processes under this Policy. In making this decision, the City will consider factors such as the seriousness of the allegations, any ongoing safety concerns, and the potential benefit of completing the process. A Complainant may not pursue multiple policies or procedures for substantially the same facts and involving the same parties at the same time. If a Complainant has initiated a process under another procedure, such as a collective agreement or another City of Saint John policy, they will be required to select which process to proceed. If the Complainant does not identify and attempts to continue both, the City of Saint John will decide which process will proceed. Once a matter has been addressed by another process, it cannot be brought forward again under this Policy. 3 3. LEGISLATION AND STANDARDS Workplace Violence, Harassment,and Discrimination are unacceptable and are subject to remedial, restorative, corrective, and/or disciplinary action. The New Brunswick General Regulations – Occupational Health and Safety Act defines violence as: in a place of employment, means the attempted or actual use of physical force against an employee, or any threatening statement or behaviour that gives an employee reasonable cause to believe that physical force will be used against the employee, and includes sexual violence, intimate partner violence and domestic violence The New Brunswick General Regulations – Occupational Health and Safety Act defines harassment as: in a place of employment, means any objectionable or offensive behaviour that is known or ought reasonably to be known to be unwelcome, including bullying or any other conduct, comment or display made on either a one-time or repeated basis that threatens the health or safety of an employee, and includes sexual harassment, but does not include reasonable conduct of an employer in respect of the management and direction of employees at the place of employment Behaviour exists on a continuum, from the most positive forms such as care, compassion, dignity, collaboration, and support, to more harmful conduct such as Harassment, Violence, and Discrimination. While this Policy focuses on prohibiting the more serious and damaging behaviours, all individuals covered by it are expected to contribute to a culture of respect by conducting themselves in a courteous and professional manner. Leaders and others in positions of authority play a key role in creating and maintaining a respectful, safe, and inclusive environment. They are expected to model respectful behaviour, encourage early and constructive resolution of conflicts, and respond to inappropriate conduct, even if no formal complaint has been made. This policy establishes the written codes of practice for workplace violence and harassment for the City of Saint John in compliance with the New Brunswick Regulation 91-191 under the Occupational Health and Safety Act, Part XXII.I Violence and Harassment Codes of Practice, Sections 374.2(3) and 374.4(1).This Policy does not restrict the employer’s right to manage. Harassment does not include legitimate, reasonable management actions such as: Performance management; Discipline for workplace infractions; or Differences of opinion regarding work organization or methods. Where a collective agreement conflicts with this Policy, the collective agreement shall prevail. All complaints and information provided under this Policy must be made in good faith. Acting in good faith means the individual believes the concerns are genuine and supported by facts as they understand them, even if an investigation does not substantiate the allegations. Complaints that are malicious, 4 vexatious, or knowingly false are a violation of this Policy and may result in disciplinary or corrective action, up to and including termination of employment. 4. INTERIM MEASURES While a formal or informal resolution process is underway, the City of Saint John may take non- disciplinary measures for the safety of all parties, including, but not limited to, separating the parties, reorganizing reporting structures, implementing accommodations, and instituting administrative leaves of absence where appropriate. Where conduct is violent, threatening, or unlawful, the City may refer matters to law enforcement. 5. INFORMAL RESOLUTION While recognizing the right of the Complainant to choose the path they wish to take, wherever possible, complaints under this Policy should be resolved by informal resolution before going through the formal resolution process. Every reasonable effort be made to resolve complaints early. The informal complaint procedure may be used to attempt to resolve workplace violence, harassment, or discrimination unless it is inappropriate to do so. The objective of informal resolution is to correct any situation, problem, or conflict as soon as possible, in a fair and respectful manner. If an individual feels that conduct in violation of this Policy has taken place, they are encouraged to politely, but firmly, advise the person involved that such behaviour is unacceptable and unwelcome. The individual should be specific about the behavior they want stopped. If practical, the individual should have a witness present. If the discussion fails to resolve the problem or if the individual is uncomfortable raising the matter directly with the person involved, they should talk to the Commissioner of Human Resources or designate, who will assist the individual to determine how best to resolve the matter. Nothing in the informal procedure prevents the immediate supervisor of the Complainant or Human Resources from recommending that the matter be investigated through the formal procedure, or if the informal complaint procedure is not successful, from recommending further action. 6. REMEDY In the event that there is a finding that workplace violence, harassment or discrimination has occurred, the City of Saint John will implement appropriate corrective measures. Where an employee engages in Violence, Harassment, and/or Discrimination, immediate and appropriate remedial, corrective, and/or disciplinary action will be taken. The nature of the action will be proportional to the seriousness and/or frequency of the behaviour and may include, but is not limited to, an oral or written warning, training or counselling, monitoring, suspension, or dismissal. If the behaviour is committed by a contractor, vendor, or supplier, the City of Saint John may take actions such as issuing a warning, requiring corrective measures, restricting access to City of Saint John facilities or systems. 5 If the behaviour is committed by a member of the public, the City of Saint John may take actions such as issuing a warning, removing the individual from the premises, restricting or prohibiting future access to City of Saint John facilities or services, and, where appropriate, referring the matter to law enforcement or other relevant authorities. Retaliation, reprisals, or threats of retaliation against any employee who, in good faith, submits a complaint under this Policy or provides information in relation to a complaint, are strictly prohibited. Any such conduct will result in immediate corrective and/or disciplinary action, up to and including termination of employment. 7.ROLES AND RESPONSIBILITIES All individuals covered by this Policy are responsible for conducting themselves in accordance with its requirements and the rights and responsibilities set out in the Workplace Conduct Standard Operating Procedure. All employees, contractors, vendors, suppliers, and members of the public share responsibility for creating and maintaining a healthy, safe, and respectful workplace. 8. CONFIDENTIALITY The City of Saint John will make every reasonable effort to protect the confidentiality of all individuals involved in a complaint under this Policy. Information related to a complaint will be shared only to the extent necessary to investigate the matter, take restorative or corrective action, or comply with legal or contractual obligations. All parties to a complaint, including the Complainant, Respondent, Witnesses, and others involved in the process, are expected to maintain confidentiality and not discuss the matter except as required for participation in the investigation or related proceedings. A breach of confidentiality by any person involved in the complaint process may result in disciplinary or corrective action. Confidentiality requirements do not restrict an individual from seeking advice or support from a union representative, legal counsel, or another support person, provided that individual also upholds the obligation of confidentiality. The personal information that is collected, used or disclosed by the City of Saint John pursuant to this Policy shall be the minimum amount necessary for the purposes of this Policy. Records of a complaint and any supporting documentation will be kept in the employee relations files and can only be accessed by the Commissioner Human Resources or designate, and those that need the file for investigative purposes. Only in the event of discipline will any record of the complaint be kept in the applicable personnel file. 9. MONITOR AND REVIEW This Policy will be reviewed annually in consultation with the Joint Health and Safety Committee. 6 10. IMPLEMENTATION This Policy will be implemented under the authority of the Chief Administrative Officer by the City of Saint John’s Human Resources Division, Corporate Services. The City of Saint John shall provide all employees with training in relation to this Policy. The City of Saint John shall keep training records for each employee in relation to the training they received in relation to this Policy. 11. AUTHORIZATION Policy Statements are authorized by Common Council. The Chief Administrative Officer is authorized by Policy Statement to develop policy instruments. 12. RESOURCES N/A 13. PROCEDURES A Standard Operating Procedure in support of this policy has been developed. 14. GLOSSARY Complainant: the person, people, or group that alleges being affected by, or having knowledge of, alleged Violence, Harassment, and/or Discrimination. Discrimination: As defined by the New Brunswick Human Rights Commission: Discrimination can be defined in everyday terms as a practice or standard that is not reasonably necessary, that has the effect, intended or not, of putting certain persons or groups at a disadvantage because of shared personal characteristics such as race, sex, or religion, and that is based on stereotypes about them or perpetuates the view that they are less capable or less worthy of recognition or value. Discrimination unjust or prejudicial treatment of individuals or groups based on a protected personal characteristic. The protected personal characteristics under the New Brunswick Human Rights Act are: race, colour, national origin, ancestry, place of origin, creed or religion, age, physical disability, mental disability, marital status, family status, sex, sexual orientation, gender identify or expression, social condition, and political belief or activity. Harassment: For the purposes of this Policy, Harassment includes the following categories: Abuse of Authority is where an individual improperly uses the power and authority that comes with their position to endanger a person’s job, undermine the performance of that job, threaten the person’s economic livelihood, or in any way interfere with or influence a person’s career. It is the exercise of 7 authority in a manner which serves no legitimate purpose and should reasonably be known to be inappropriate. Examples of abuse of authority include, but are not limited to, misuse of power, intimidation, threats, blackmail or coercion, and inappropriate use of power (with a subordinate) for sexual purposes. Personal Harassment is any unwelcome behaviour, comment, or display, whether a single serious incident or repeated, that a reasonable person would know is offensive and threatens an employee’s health or safety. It may be based on a protected ground such as race, religion, sex, gender identity, disability, age, sexual orientation, or unrelated to one, and includes bullying. Sexual Harassment is defined as 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. Poisoned Work Environment is an environment created by an activity or behaviour, not necessarily directed at any one person, that creates a hostile or offensive environment. A poisoned work environment can be created by (i) managers or supervisors to their subordinates, (ii) subordinates to their managers or supervisors, (iii) employees amongst themselves who may or may not have a reporting relationship with each other, or (vi) any combination of them. Examples of a poisoned work environment include, but are not limited to: bullying, graffiti, discriminatory insults or jokes, abusive treatment of an employee, alienation, isolation, and the display of pornographic or other offensive material. While Harassment is often a pattern of behaviour, a single serious incident may constitute Harassment. Intent is not required for conduct to be considered Harassment. Respondent: The person or people against whom an allegation or allegations of Violence, Harassment, and/or Discrimination is made. Violence: The act of violating, harming or damaging a person or property by: the exercise of physical force by a person against an employee that causes or could cause physical injury to the employee or damage to their property; an attempt to exercise physical force against an employee that could cause physical injury to the employee or damage to their property; and statements or behaviour that are reasonable for an employee to interpret as a threat to exercise physical force against the employee or cause damage to their property. Violence includes, but is not to be limited to the following: causing physical harm to another person; threats of any nature. These may be verbal, written or electronic communications; aggressive behaviour that constitutes a reasonable fear of bodily harm to another person; verbal assault; intentional damage or destruction of property belonging to either the City of Saint John or its employees; 8 possession of a weapon while on City of Saint John premises, or while conducting City of Saint John business; and sabotage to machinery, tools or equipment which may lead to personal injury. 15. INQUIRIES Inquiries regarding this Policy document can be addressed to the City of Saint John’s Human Resources division of Corporate Services. 16. APPENDICES N/A 9