Minimizing bullying & harassment at work May 2011


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Half day interactive open workshop in Toronto on bullying & harassment.

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Minimizing bullying & harassment at work May 2011

  1. 1. Minimizing bullying & harassment at work<br />by Toronto Training and HR <br />May 2011<br />
  2. 2. 3-4 Introduction to Toronto Training and HR<br /> 5-8 Definitions<br />9-12 The nature of the employer-employee relationship<br /> 13-14 Three steps to a healthy workplace<br />15-16 Drill<br /> 17-18 Identifying harassment<br />19-23 Anti-harassment policies<br /> 24-25 Harassment offsite<br /> 26-27 Response of tribunals to a Human Rights claim<br /> 28-31 Preventing harassment at schools and colleges<br />32-33 Harassment behaviours to beware<br />34-38 Myths and facts about sexual harassment<br />39-40 Toronto Police Service v Chuvalo case <br /> 41-42 Factors that shape workplace bullying<br /> 43-44 Work-related stress and bullying<br />45-46 My new head of department is a bully!<br />47-48 Employer liability for tolerating bullying<br /> 50-52 Spotting bullying<br /> 53-54 Tackling bullying<br />55-56 Conclusion and questions<br />Contents<br />
  3. 3. Page 3<br />Introduction<br />
  4. 4. Page 4<br />Introduction to Toronto Training and HR<br />Toronto Training and HRis a specialist training and human resources consultancy headed by Timothy Holden <br />10 years in banking<br />10 years in training and human resources<br />Freelance practitioner since 2006<br />The core services provided by Toronto Training and HR are:<br /><ul><li>Training course design
  5. 5. Training course delivery</li></ul>- Reducing costs<br /><ul><li>Saving time
  6. 6. Improving employee engagement & morale
  7. 7. Services for job seekers</li></li></ul><li>Page 5<br />Definitions<br />
  8. 8. Page 6<br />Definitions 1 of 3 <br />Bullying<br />Harassment<br />Workplace bullying<br />Workplace abuse<br />Workplace harassment<br />Workplace psychological harassment<br />
  9. 9. Page 7<br />Definitions 2 of 3 <br />WORKPLACE BULLYING<br />Excluding a person from conversations or<br />activities<br />Withholding information needed for a person’s work<br />Undervaluing a person’s effort<br />Spreading rumours or gossip<br />Taking credit for other people’s ideas<br />Constant criticism<br />Preventing applications for training, leave or promotions<br />Yelling or swearing<br />Physical abuse or threats of physical abuse<br />
  10. 10. Page 8<br />Definitions 3 of 3 <br />WORKPLACE BULLYING<br />Behaviours<br />Persistency<br />Intent<br />Power imbalance<br />
  11. 11. Page 9<br />The nature of the employer-employee relationship<br />
  12. 12. Page 10<br />The nature of the employer-employee relationship 1 of 3<br />COMMON LAW<br />Employment law at common law is contractual; the non-union workplace<br />Tort law<br />Law of defamation<br />Law of damages<br />Common law response to bullying & harassment<br />
  13. 13. Page 11<br />The nature of the employer-employee relationship 2 of 3<br />UNIONIZED WORKPLACES<br />The legal situation<br />Arbitration cases<br />Termination of co-worker upheld<br />Common law response to bullying & harassment<br />
  14. 14. Page 12<br />The nature of the employer-employee relationship 3 of 3<br />STATUTORY FRAMEWORK<br />Labour Standards Act<br />Occupational Health & Safety Act<br />Ontario Human Rights Code<br />Workers’ Compensation Act<br />
  15. 15. Page 13<br />Three steps to a healthy workplace<br />
  16. 16. Page 14<br />Three steps to a healthy workplace<br />1.Create the climate<br />2.Set up the framework<br />3.Maintain the gains<br />
  17. 17. Page 15<br />Drill<br />
  18. 18. Page 16<br />Drill<br />
  19. 19. Page 17<br />Identifying harassment<br />
  20. 20. Page 18<br />Identifying harassment<br />Unwelcome behaviour that demeans, humiliates or embarrasses<br />Unwanted sexual behaviour<br />Abuse of authority<br />
  21. 21. Page 19<br />Anti-harassment policies<br />
  22. 22. Page 20<br />Anti-harassment policies 1 of 4 <br />WHAT’S IN IT FOR ME?<br />Employees may be afraid to complain<br />Harassment costs money<br />Education increases awareness and minimizes problems<br />Employers are legally responsible<br />Anti-harassment policies improve productivity and profits<br />
  23. 23. Page 21<br />Anti-harassment policies 2 of 4 <br />TO BE EFFECTIVE IT NEEDS TO BE:<br />Unequivocally supported by management<br />Clear<br />Fair<br />Known to everyone, at all levels of the<br />organization<br />Applied to everyone, at all levels of the<br />organization<br />
  24. 24. Page 22<br />Anti-harassment policies 3 of 4 <br />WHAT SHOULD BE IN THE POLICY?<br />Policy statement<br />The law<br />Employees’ and managers’ rights and responsibilities<br />Direct action<br />Informal procedures<br />Mediation<br />Formal complaints<br />Other options<br />
  25. 25. Page 23<br />Anti-harassment policies 4 of 4 <br />WHAT SHOULD BE IN THE POLICY?<br />Anti-harassment counsellors<br />Investigators<br />Decision<br />Time limits<br />Appeals<br />Retaliation<br />Unsubstantiated complaints<br />Complaints made in bad faith<br />
  26. 26. Page 24<br />Harassment offsite<br />
  27. 27. Page 25<br />Harassment offsite<br />Harassment does not always come from colleagues<br />Workplace harassment does not always take place at work<br />Policy amendments<br />Dealing with complaints<br />Take the complaint seriously<br />Investigate the complaint<br />Take steps to address the situation<br />
  28. 28. Page 26<br />Response of tribunals to a human rights claim<br />
  29. 29. Page 27<br />Response of tribunals to a human rights claim <br />The procedures in place at the time to deal with discrimination and harassment <br />How quickly the organization responded to the complaint <br />How seriously the complaint was treated <br />The resources made available to deal with the complaint <br />If the organization provided a healthy environment for the person who complained <br />How well the person who complained was told about the action taken <br />
  30. 30. Page 28<br />Preventing harassment at schools and colleges<br />
  31. 31. Page 29<br />Preventing harassment at schools and colleges 1 of 3<br />Showing a clear attitude that discrimination based on sexual orientation, including homophobic bullying, will not be tolerated<br />Having an effective anti-sexual and gender-based harassment policy in place and making sure all students know about it<br />Communicating clearly to the student body the consequences of all forms of sexual and gender-based harassment, including online sexual and gender-based harassment<br />
  32. 32. Page 30<br />Preventing harassment at schools and colleges 2 of 3<br />Including online harassment prevention measures in sexual harassment and school Internet policies<br />Teaching students and staff about sexual harassment, including gender-based harassment, sex-role stereotyping, and homophobic comment and conduct<br />Using role-playing and educational exercises to help students be more aware of the impact of sexual and gender-based harassment on others<br />Teaching students media literacy to help their critical thinking and to ask appropriate questions about what they watch, hear and read<br />
  33. 33. Page 31<br />Preventing harassment at schools and colleges 3 of 3<br />Teaching students how to protect themselves from online sexual and gender-based harassment<br />Respecting the confidentiality of students who report sexual and gender-based harassment and related bullying. This may encourage other students to report harassment<br />Making sure staff have enough resources, training and tools to spot sexually harassing behaviours, and to identify and report incidents when they do occur<br />
  34. 34. Page 32<br />Harassment behaviours to beware<br />
  35. 35. Page 33<br />Harassment behaviours to beware<br />Watch the language<br />Some jokes are not funny <br />Train for different cultures<br />Watch for inappropriate conduct <br />Train about the importance of reporting <br />Follow-up is crucial <br />
  36. 36. Page 34<br />Myths and facts about sexual harassment<br />
  37. 37. Page 35<br />Myths and facts about sexual harassment 1 of 4<br />Sexual harassment is not very common<br />So-called sexual harassment is just natural, normal<br />behavior. Women should feel complimented that they are considered desirable and attractive<br />Women who object have no sense of humour<br />If a worker asks another worker for a date, suddenly a sexual harassment complaint will be filed<br />Sexual harassment doesn’t hurt anyone<br />
  38. 38. Page 36<br />Myths and facts about sexual harassment 2 of 4<br />A firm “no” is enough to discourage any man.<br />Women who enter a predominately male field<br />should expect to put up with rough language, off-colour jokes and hazing. The women will be treated the same as new male hires.<br />Women often make false claims of sexual harassment.<br />
  39. 39. Page 37<br />Myths and facts about sexual harassment 3 of 4<br />EXAMPLES OF SEXUAL HARASSMENT<br />Asking for sex in exchange for a benefit or a favour<br />Repeatedly asking for dates, and not taking “no” for an answer<br />Demanding hugs<br />Making unnecessary physical contact, including unwanted touching<br />Using rude or insulting language or making comments toward girls and women (or boys and men)<br />Bullying based on sex or gender<br />Spreading sexual rumours or gossip (including online)<br />
  40. 40. Page 38<br />Myths and facts about sexual harassment 4 of 4<br />EXAMPLES OF SEXUAL HARASSMENT<br />Calling people sex-specific derogatory names<br />Making sex-related comments about a person’s physical characteristics or actions<br />Saying or doing something because you think a person does not conform to sex-role stereotypes<br />Posting or sharing pornography, sexual pictures or cartoons, sexually explicit graffiti, or other sexual images (including online)<br />Making sexual jokes<br />Bragging about sexual prowess<br />
  41. 41. Page 39<br />Toronto Police Service v Chuvalo case<br />
  42. 42. Page 40<br />Toronto Police Service v Chuvalo case<br />Background<br />The flawed investigation<br />The Human Rights Tribunal’s review<br />Finding and damages<br />Points to consider for employers<br />
  43. 43. Page 41<br />Factors that shape workplace bullying<br />
  44. 44. Page 42<br />Factors that shape workplace bullying<br />INDIVIDUAL<br />Characteristics of targets<br />Characteristics of perpetrators<br />ORGANIZATIONAL<br />Leadership<br />Organizational change<br />Work environment<br />Workplace culture<br />
  45. 45. Page 43<br />Work-related stress and bullying<br />
  46. 46. Page 44<br />Work-related stress and bullying<br />Definition of work-related stress<br />Bullying that can cause work-related stress<br />Work-related stress that can cause bullying<br />Factors that lead to both<br />Intervention strategies to tackle work-related stress<br />
  47. 47. Page 45<br />My new head of department is a bully!<br />
  48. 48. Page 46<br />My new head of department is a bully!<br />Address the situation from both the side of the department manager and that of the department team-but be careful not to undermine the manager<br />Ask your employee assistance provider for help in delivering an awareness campaign of support available<br />Use coaching to help the manager realize the impact their behaviour is having<br />Understand the underlying issues by communicating with the manager and employees<br />
  49. 49. Page 47<br />Employer liability for tolerating bullying<br />
  50. 50. Page 48<br />Employer liability for tolerating bullying 1 of 2<br />Provincial Occupational Health & Safety laws<br />Human Rights laws<br />Infliction of mental distress<br />Constructive dismissal<br />C-45<br />
  51. 51. Page 49<br />Employer liability for tolerating bullying 2 of 2<br />AMERICAN BAR ASSOCIATION<br />Tort law covering negligent hiring and negligent retention<br />Discrimination law and disability law where the employer is dealing with mental illness<br />Private/public benefits, especially workers’ compensation law<br />Occupational Health & Safety Act<br />Employee handbooks<br />Collective bargaining<br />
  52. 52. Page 50<br />Spotting bullying<br />
  53. 53. Page 51<br />Spotting bullying 1 of 2<br />Low morale<br />Poor performance<br />Absenteeism<br />Intra-team conflict<br />High staff turnover<br />Aggressive behaviour<br />
  54. 54. Page 52<br />Spotting bullying 2 of 2<br />Bullies are likely to have poor relationships with colleagues<br />Watch out for teams with high staff turnover<br />Bullying managers tend to make impulsive, random decisions that exhibit a need to be in control and micro-manage<br />The victims of bullying can display a decline in performance and an increase in absenteeism <br />
  55. 55. Page 53<br />Tackling bullying<br />
  56. 56. Page 54<br />Tackling bullying<br />Initiatives<br />Primary prevention<br />Secondary prevention<br />Tertiary prevention<br />
  57. 57. Page 55<br />Conclusion & Questions<br />
  58. 58. Page 56<br />Conclusion<br />Employer checklist for a bully-free workplace<br />Checklist and model anti-harassment policy for medium and large organizations<br />Checklist and model anti-harassment policy for small organizations <br />Summary<br />Questions<br />