Minimizing bullying and harassment September 2013

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Half day open training event held in Toronto, Ontario

Half day open training event held in Toronto, Ontario

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  • 1. Minimizing bullying and harassment by Toronto Training and HR September 2013
  • 2. CONTENTS 5-6 Definitions 7-8 What is not bullying? 9-11 Examples of bullying and harassment 12-14 What do mistreated employees do? 15-18 Comparing good supervision to bullying 19-21 Supervisor self-evaluation 22-23 Better practices 24-25 How do bullies get away with it? 26-27 Bullying in reverse 28-29 Preventative action 30-31 Training 32-33 Remedial action 34-35 Dealing with a workplace bully 36-39 Investigations 40-41 What should employees do? 42-45 Anti-harassment policies 46-47 Drill 48 Case study 49-50 Conclusion and questions Page 2
  • 3. Page 3 Introduction
  • 4. Page 4 Introduction to Toronto Training and HR Toronto Training and HR is a specialist training and human resources consultancy headed by Timothy Holden 10 years in banking 10 years in training and human resources Freelance practitioner since 2006 The core services provided by Toronto Training and HR are: Training event design Training event delivery Reducing costs, saving time plus improving employee engagement and morale Services for job seekers
  • 5. Page 5 Definitions
  • 6. Definitions • Bullying • Harassment • First degree, second degree and third degree Page 6
  • 7. Page 7 What is not bullying?
  • 8. What is not bullying? • Having high work standards for everyone • Having high expectations for everyone • Enforcing deadline requirements for everyone • Keeping work and workers on time, for everyone • Tracking attendance for everyone • Enforcing the rules for everyone Page 8
  • 9. Page 9 Examples of bullying and harassment
  • 10. Examples of bullying and harassment 1 of 2 • Unwanted physical contact • Unwelcome remarks about a person’s age, dress, appearance, race or marital status, jokes at personal expense, offensive language, gossip, slander, sectarian songs and letters • Posters, graffiti, obscene gestures, flags, bunting and emblems • Isolation or non-cooperation and exclusion from social activities Page 10
  • 11. Examples of bullying and harassment 2 of 2 • Coercion for sexual favours • Pressure to participate in political/religious groups • Personal intrusion from pestering, spying and stalking • Failure to safeguard confidential information • Shouting and bawling • Persistent unwarranted criticism • Setting impossible deadlines • Personal insults Page 11
  • 12. Page 12 What do mistreated employees do?
  • 13. What do mistreated employees do? 1 of 2 • Are more likely to quit jobs or take sick time or “mental health days” • Have lower levels of job satisfaction • Suffer reduced sense of wellbeing • Suffer job related stress, anxiety, depression, headaches, exhaustion and poor concentration Page 13
  • 14. What do mistreated employees do? 2 of 2 • Become withdrawn • Turn to mood altering substances • Suffer post-traumatic stress disorders Page 14
  • 15. Page 15 Comparing good supervision to bullying
  • 16. Comparing good supervision to bullying 1 of 3 GOOD SUPERVISION • Objective • Constructive • Focused on assisting employees • Conduct motivated by legitimate work concerns Page 16
  • 17. Comparing good supervision to bullying 2 of 3 IF INCIDENTS DO OCCUR • Respond promptly • Investigate all allegations • Do not require the employees to fix the problem themselves • Adopt a zero tolerance stand Page 17
  • 18. Comparing good supervision to bullying 3 of 3 BULLYING • Relying on rumours • Providing only negative feedback • Having favourites • Making things so tough that the employee quits • “My way or the highway” Page 18
  • 19. Page 19 Supervisor self-evaluation
  • 20. Supervisor self-evaluation 1 of 2 DO YOU ENGAGE IN THESE BEHAVIOURS? • Public criticism of performance • Blaming without justification • Assigning menial tasks below skill levels • Excluding or isolating • Excessive unwarranted monitoring of performance, behaviour or breaks • Allowing co-worker bullying to persist Page 20
  • 21. Supervisor self-evaluation 2 of 2 DO YOU ENGAGE IN THESE BEHAVIOURS? (CONT.) • Applying separate sets of rules or standards or constantly changing them • Setting impossible or unnecessary deadlines • Withholding information • Setting an employee up to fail • Blocking advancement • Tampering with belongings Page 21
  • 22. Page 22 Better practices
  • 23. Better practices • Better communication • Better motivation • Better discipline Page 23
  • 24. Page 24 How do bullies get away with it?
  • 25. How do bullies get away with it? • The organization is complicit or clueless • The organization or its managers are fearful • They have a sponsor or protector • Targets don’t complain • Institutional rewards support bullying Page 25
  • 26. Page 26 Bullying in reverse
  • 27. Bullying in reverse • Power by position • Power through group dynamic or collective behaviour • Power by workplace regulation Page 27
  • 28. Page 28 Preventative action
  • 29. Preventative action • Develop a policy • Affirmatively raise the subject • Express strong disapproval of bullying • Develop appropriate sanctions to use in discipline • Inform the employee of the right to raise and how to raise the issue • Develop methods to sensitize the workforce Page 29
  • 30. Page 30 Training
  • 31. Training • Legal • Communicative • Disciplinary • Cultural Page 31
  • 32. Page 32 Remedial action
  • 33. Remedial action • Investigate promptly and thoroughly • Take immediate and appropriate corrective action • Take steps calculated to end the harassment or misconduct • Take steps necessary to make the victim whole • Take steps necessary to ensure misconduct is not repeated • Do not make the victim responsible for the remedy Page 33
  • 34. Page 34 Dealing with a workplace bully
  • 35. Dealing with a workplace bully • Keep your cool • If you are threatened, walk away • Tell the bully to stop treating you disrespectfully • Report what happened • Provide the employer with any notes, emails, copes of text messages and other evidence Page 35
  • 36. Page 36 Investigations
  • 37. Investigations 1 of 3 WHAT SHOULD AN INVESTIGATION INCLUDE? • A prompt, thorough and impartial response • Taking evidence from witnesses • Listening to both the harasser and the complainant’s version of events • A time-scale for resolving the problem • Confidentiality in the majority of cases Page 37
  • 38. Investigations 2 of 3 AREAS THAT CAN TAINT HARASSMENT INVESTIGATIONS • Rushing to judgement before the investigation is done • Letting employees define harassment for themselves • Waiting too long to investigate • Using a biased investigator • Not letting the accused confront the accusations Page 38
  • 39. Investigations 3 of 3 AREAS THAT CAN TAINT HARASSMENT INVESTIGATIONS (CONT.) • Not interviewing third parties • Asking leading questions • Interviewing witnesses in front of each other • Not following the organization’s investigation procedures Page 39
  • 40. Page 40 What should employees do?
  • 41. What should employees do? • Be made aware - through onboarding, training and other processes - about their rights and personal responsibilities under the policy and understand the organization’s commitment to deal with harassment • Know who to contact if they want to discuss their experiences in order to decide what steps to take • Understand how to take a complaint forward and the timescales for formal procedures
  • 42. Page 42 Anti-harassment policies
  • 43. Anti-harassment policies 1 of 3 • Make clear that harassment is strictly prohibited • Define harassment broadly • Provide a detailed description of the conduct prohibited • Inform employees of the procedures for reporting harassment • Identify whom employees should contact if they are subjected to harassment Page 43
  • 44. Anti-harassment policies 2 of 3 • Permit reporting through a range of channels including any manager, HR representative or anonymous telephone service • Permit both informal and formal complaints of harassment to be made • Require employees to report any incident of harassment, even if it is not directed at them, and regardless of whether they think the employer is aware of it or another employee has reported it Page 44
  • 45. Anti-harassment policies 3 of 3 • Provide that the employer will investigate and take appropriate preventative and corrective action • Describe the disciplinary measures that the organization may use in a harassment case • Make clear that employees will not be subjected to retaliation for complaining about harassment Page 45
  • 46. Page 46 Drill
  • 47. Page 47 Drill
  • 48. Page 48 Shah v Xerox Canada
  • 49. Page 49 Conclusion and questions
  • 50. Page 50 Conclusion and questions Summary Videos Questions