HR-006 - 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:
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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.
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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
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