VIOLENCE AND HARASSMENT PREVENTION POLICY

Sandy Lane Automotive believes in the control and prevention of violence and harassment and promotes a supportive, violence- and harassment-free work environment in which all people respect one another.  This policy applies to everyone, including non-employees such as visitors, customers or suppliers. To this end, any act of violence or harassment committed by or against any worker or member of the public is unacceptable conduct and will not be tolerated.

Sandy Lane Automotive is committed to investigating reported threats and/or acts of violence and harassment in an objective manner and is committed to taking the necessary and appropriate actions.

The purpose of this policy is to ensure that individuals are aware of and understand that acts of violence or harassment are considered a serious offense for which necessary action will be imposed.  Those subjected to acts of violence or harassment are encouraged to access any assistance they may require in order to pursue a complaint.

This Violence and Harassment Prevention Policy is not intended to discourage a worker from exercising their rights pursuant to any other law.

VIOLENCE

Violence, per Section 1 of the Alberta Occupational Health & Safety Code, means the threatened, attempted or actual conduct of a person that causes or is likely to cause physical injury.

An act of violence is any behavior that is intended to be perceived as threatening or creates a fear of bodily harm, actual physical injury or damage to property and includes, but is not limited to, explicit or implied verbal or written threats, intimidation or physical assault.  Acts of violence may occur as a single event or may involve a continuing series of incidents.

Zero tolerance for violence means that an act of violence is unacceptable in any form.  The company response to an investigation might include disciplinary measures up to and including termination of employment and notification of proper authorities.

Employees who are aware of, witness to, or who have received any threat(s) or have been subjected to any act of threat of workplace violence are encouraged to immediately

  1. Make their feelings known verbally to the alleged offender, directly or with the assistance of a third party.  It is very important that the alleged offender be made aware that the conduct is offensive to the victim.
  2. Carefully record all details of the incident (date, time, nature of the violence, witnesses, what happened, your response).
  3. Report the incident to a manager or supervisor and initiate a formal written complaint and investigation.
  4. If you are in immediate danger, call 911.

The company will take prompt action to thoroughly investigate allegations concerning threats or acts of workplace violence.

The company reserves the right to inspect any locker, desk, work area, computer, vehicle or other personal belongings located on company premises in the investigation of any report relating to an act of violence or when the safety of others or company property may be at risk.

The company will assess disciplinary action up to and including termination of employment against any employee found to have committed or otherwise engaged in an act or threat of workplace violence including any act or threat undertaken by a relative or acquaintance on behalf of or in support of a company employee.  Immediate and appropriate steps will be taken against non-employees such as suppliers or visitors who have threatened or committed an act of violence.

If the investigation reveals that violence has occurred, the incident and the disciplinary action will be recorded in the abuser’s file.

Anyone who retaliates in any way against a person who has complained of violence, given evidence in an investigation, or been found guilty of violence are considered to have committed an act of violence or harassment and will be terminated.

The company will conduct all investigations in as discreet and confidential a manner as possible.

Management will not disclose the name of the complainant or an alleged abuser or the circumstances of the complaint to anyone except where disclosure is necessary to investigate the complaint and take corrective action, where it is necessary to inform workers of a specific threat of violence, and when it is required by law.  In the event that workers must be informed of any threat of violence, the company will disclose only the minimum amount of information required to protect the workers from such violence.

HARASSMENT

Harassment is contrary to the Alberta Human Rights Act and the Human Rights and Citizenship Commission.

Harassment is defined as any unwelcome, abusive or objectionable verbal comment or physical conduct concerning an individual’s race, religious beliefs, color, place of origin, gender, gender identity, gender expression, physical or mental disability, age, ancestry, marital status, source(s) of income, family status or sexual orientation.  Alberta Human Rights law prohibits workplace harassment based on these grounds.

Harassment is any behavior that degrades, demeans, humiliates or embarrasses a person, and that a reasonable person should have known, or ought to know, that the behavior would be considered unwelcome or inappropriate.  It includes, but is not limited to:

  • Verbal abuse (threats, comments, jokes, name calling, derogatory remarks, innuendos, taunts)
  • Physical abuse (touching, pushing, hitting, shoving, kicking)
  • Displays (posters, calendars, signs, images) of a pornographic, racists or offensive nature
  • Practical jokes that result in awkwardness or embarrassment
  • Unwelcome invitations or requests, whether indirect or explicit
  • Bullying

SEXUAL HARASSMENT

The Alberta Human Rights Act prohibits discrimination based on the grounds of gender, gender identity and gender expression, including sexual harassment.  Unwanted sexual advances, unwanted requests for sexual favors, and other unwanted verbal or physical conduct of a sexual nature constitute sexual harassment when

  1. Made either explicitly or implicitly as a term or condition of an individual’s employment
  2. Submission to or rejection of conduct is used as a basis for any employment decision
  3. Conduct that interferes with a person’s work performance or creates an intimidating, hostile or offensive work environment

Sexual harassment may also include, but is not limited to such things as:

  • Pinching, patting, rubbing or leering
  • Dirty/sexist jokes, pictures or pornographic materials, comments, suggestions, innuendos, gestures, requests or demands of a sexual nature
  • Derogatory or degrading remarks directed toward members of one sex, one’s sexual orientation or gender identity
  • Unwelcome sexual flirtations, advances or propositions
  • Persistent, unwanted contact or attention whether after the end of a consensual relationship or otherwise
  • Sexual assault

If you are being harassed:

  1. Tell the harasser that their behavior is unwelcome and ask them to stop
  2. Keep a record of incidents (date, time, location, witnesses, what happened, your response)
  3. If, after asking the harasser to stop their behavior, the harassment continues, make a complaint by reporting the incident to a supervisor, manager or owner.

Once a complaint is received, an investigation will be undertaken immediately and all necessary steps taken to resolve the problem.  Both the complainant and harasser will be interviewed, as well as any individuals who may be able to provide relevant information. All information will be kept in strict confidence.

If the investigation reveals evidence to support the complaint, the harasser will be disciplined appropriately, and the incident will be documented and placed in the harasser’s file.

Regardless of the outcome of a harassment complaint made in good faith, the employee lodging the complaint, as well as anyone providing information, will be protected from any form of retaliation by either coworkers or superiors.  This includes dismissal, demotions, denial of opportunities within the company or harassment of an individual as a result of their having made a complaint or having provided evidence regarding a complaint.

Confidentiality will be maintained throughout the investigation process to the extent practical and appropriate under the circumstances.

WORKPLACE BULLYING

Bullying is usually seen as acts or verbal comments that could ‘mentally’ hurt or isolate a person in the workplace. Sometimes, bullying can involve negative physical contact as well. Bullying usually involves repeated incidents or a pattern of behaviour that is intended to intimidate, offend, degrade or humiliate a particular person or group of people. It has also been described as the assertion of power through aggression.

While bullying is a form of aggression, the actions can be both obvious and subtle. It is important to note that the following is not a checklist, nor does it mention all forms of bullying. This list is included as a way of showing some of the ways bullying may happen in a workplace. Also remember that bullying is usually considered to be a pattern of behaviour where one or more incidents will help show that bullying is taking place.

Examples include:

  • Spreading malicious rumours, gossip, or innuendo.
  • Excluding or isolating someone socially.
  • Intimidating a person.
  • Undermining or deliberately impeding a person’s work.
  • Physically abusing or threatening abuse.
  • Removing areas of responsibilities without cause.
  • Constantly changing work guidelines.
  • Establishing impossible deadlines that will set up the individual to fail.
  • Withholding necessary information or purposefully giving the wrong information.
  • Making jokes that are obviously offensive by spoken word or in writing.
  • Intruding on a person’s privacy by pestering, spying or stalking.
  • Assigning unreasonable duties or workload which are unfavourable to one person (in a way that creates unnecessary pressure).
  • Underwork – creating a feeling of uselessness.
  • Yelling or using profanity.
  • Criticising a person persistently or constantly.
  • Belittling a person’s opinions.
  • Unwarranted (or undeserved) punishment.
  • Blocking applications for training, leave or promotion.
  • Tampering with a person’s personal belongings or work equipment.

If you are not sure an action or statement could be considered bullying, you can use the “reasonable person” test. Would most people consider the action unacceptable?

For the purposes of this policy, Bullying falls under the category of Harassment.

A printable version of this policy may be found here.

Dated:  2019-12-09