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

1. Minimizing bullying & harassment at work by Toronto Training and HR May 2011

2. 3-4 Introduction to Toronto Training and HR 5-8 Definitions 9-12 The nature of the employer-employee relationship 13-14 Three steps to a healthy workplace 15-16 Drill 17-18 Identifying harassment 19-23 Anti-harassment policies 24-25 Harassment offsite 26-27 Response of tribunals to a Human Rights claim 28-31 Preventing harassment at schools and colleges 32-33 Harassment behaviours to beware 34-38 Myths and facts about sexual harassment 39-40 Toronto Police Service v Chuvalo case 41-42 Factors that shape workplace bullying 43-44 Work-related stress and bullying 45-46 My new head of department is a bully! 47-48 Employer liability for tolerating bullying 50-52 Spotting bullying 53-54 Tackling bullying 55-56 Conclusion and questions Contents

3. Page 3 Introduction

6. Improving employee engagement & morale

8. Page 6 Definitions 1 of 3 Bullying Harassment Workplace bullying Workplace abuse Workplace harassment Workplace psychological harassment

9. Page 7 Definitions 2 of 3 WORKPLACE BULLYING Excluding a person from conversations or activities Withholding information needed for a person’s work Undervaluing a person’s effort Spreading rumours or gossip Taking credit for other people’s ideas Constant criticism Preventing applications for training, leave or promotions Yelling or swearing Physical abuse or threats of physical abuse

10. Page 8 Definitions 3 of 3 WORKPLACE BULLYING Behaviours Persistency Intent Power imbalance

11. Page 9 The nature of the employer-employee relationship

12. Page 10 The nature of the employer-employee relationship 1 of 3 COMMON LAW Employment law at common law is contractual; the non-union workplace Tort law Law of defamation Law of damages Common law response to bullying & harassment

13. Page 11 The nature of the employer-employee relationship 2 of 3 UNIONIZED WORKPLACES The legal situation Arbitration cases Termination of co-worker upheld Common law response to bullying & harassment

14. Page 12 The nature of the employer-employee relationship 3 of 3 STATUTORY FRAMEWORK Labour Standards Act Occupational Health & Safety Act Ontario Human Rights Code Workers’ Compensation Act

15. Page 13 Three steps to a healthy workplace

16. Page 14 Three steps to a healthy workplace 1.Create the climate 2.Set up the framework 3.Maintain the gains

17. Page 15 Drill

18. Page 16 Drill

19. Page 17 Identifying harassment

20. Page 18 Identifying harassment Unwelcome behaviour that demeans, humiliates or embarrasses Unwanted sexual behaviour Abuse of authority

21. Page 19 Anti-harassment policies

22. Page 20 Anti-harassment policies 1 of 4 WHAT’S IN IT FOR ME? Employees may be afraid to complain Harassment costs money Education increases awareness and minimizes problems Employers are legally responsible Anti-harassment policies improve productivity and profits

23. Page 21 Anti-harassment policies 2 of 4 TO BE EFFECTIVE IT NEEDS TO BE: Unequivocally supported by management Clear Fair Known to everyone, at all levels of the organization Applied to everyone, at all levels of the organization

24. Page 22 Anti-harassment policies 3 of 4 WHAT SHOULD BE IN THE POLICY? Policy statement The law Employees’ and managers’ rights and responsibilities Direct action Informal procedures Mediation Formal complaints Other options

25. Page 23 Anti-harassment policies 4 of 4 WHAT SHOULD BE IN THE POLICY? Anti-harassment counsellors Investigators Decision Time limits Appeals Retaliation Unsubstantiated complaints Complaints made in bad faith

26. Page 24 Harassment offsite

27. Page 25 Harassment offsite Harassment does not always come from colleagues Workplace harassment does not always take place at work Policy amendments Dealing with complaints Take the complaint seriously Investigate the complaint Take steps to address the situation

28. Page 26 Response of tribunals to a human rights claim

29. Page 27 Response of tribunals to a human rights claim The procedures in place at the time to deal with discrimination and harassment How quickly the organization responded to the complaint How seriously the complaint was treated The resources made available to deal with the complaint If the organization provided a healthy environment for the person who complained How well the person who complained was told about the action taken

30. Page 28 Preventing harassment at schools and colleges

31. Page 29 Preventing harassment at schools and colleges 1 of 3 Showing a clear attitude that discrimination based on sexual orientation, including homophobic bullying, will not be tolerated Having an effective anti-sexual and gender-based harassment policy in place and making sure all students know about it Communicating clearly to the student body the consequences of all forms of sexual and gender-based harassment, including online sexual and gender-based harassment

32. Page 30 Preventing harassment at schools and colleges 2 of 3 Including online harassment prevention measures in sexual harassment and school Internet policies Teaching students and staff about sexual harassment, including gender-based harassment, sex-role stereotyping, and homophobic comment and conduct Using role-playing and educational exercises to help students be more aware of the impact of sexual and gender-based harassment on others Teaching students media literacy to help their critical thinking and to ask appropriate questions about what they watch, hear and read

33. Page 31 Preventing harassment at schools and colleges 3 of 3 Teaching students how to protect themselves from online sexual and gender-based harassment Respecting the confidentiality of students who report sexual and gender-based harassment and related bullying. This may encourage other students to report harassment Making sure staff have enough resources, training and tools to spot sexually harassing behaviours, and to identify and report incidents when they do occur

34. Page 32 Harassment behaviours to beware

35. Page 33 Harassment behaviours to beware Watch the language Some jokes are not funny Train for different cultures Watch for inappropriate conduct Train about the importance of reporting Follow-up is crucial

36. Page 34 Myths and facts about sexual harassment

37. Page 35 Myths and facts about sexual harassment 1 of 4 Sexual harassment is not very common So-called sexual harassment is just natural, normal behavior. Women should feel complimented that they are considered desirable and attractive Women who object have no sense of humour If a worker asks another worker for a date, suddenly a sexual harassment complaint will be filed Sexual harassment doesn’t hurt anyone

38. Page 36 Myths and facts about sexual harassment 2 of 4 A firm “no” is enough to discourage any man. Women who enter a predominately male field should expect to put up with rough language, off-colour jokes and hazing. The women will be treated the same as new male hires. Women often make false claims of sexual harassment.

39. Page 37 Myths and facts about sexual harassment 3 of 4 EXAMPLES OF SEXUAL HARASSMENT Asking for sex in exchange for a benefit or a favour Repeatedly asking for dates, and not taking “no” for an answer Demanding hugs Making unnecessary physical contact, including unwanted touching Using rude or insulting language or making comments toward girls and women (or boys and men) Bullying based on sex or gender Spreading sexual rumours or gossip (including online)

40. Page 38 Myths and facts about sexual harassment 4 of 4 EXAMPLES OF SEXUAL HARASSMENT Calling people sex-specific derogatory names Making sex-related comments about a person’s physical characteristics or actions Saying or doing something because you think a person does not conform to sex-role stereotypes Posting or sharing pornography, sexual pictures or cartoons, sexually explicit graffiti, or other sexual images (including online) Making sexual jokes Bragging about sexual prowess

41. Page 39 Toronto Police Service v Chuvalo case

42. Page 40 Toronto Police Service v Chuvalo case Background The flawed investigation The Human Rights Tribunal’s review Finding and damages Points to consider for employers

43. Page 41 Factors that shape workplace bullying

44. Page 42 Factors that shape workplace bullying INDIVIDUAL Characteristics of targets Characteristics of perpetrators ORGANIZATIONAL Leadership Organizational change Work environment Workplace culture

45. Page 43 Work-related stress and bullying

46. Page 44 Work-related stress and bullying Definition of work-related stress Bullying that can cause work-related stress Work-related stress that can cause bullying Factors that lead to both Intervention strategies to tackle work-related stress

47. Page 45 My new head of department is a bully!

48. Page 46 My new head of department is a bully! 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 Ask your employee assistance provider for help in delivering an awareness campaign of support available Use coaching to help the manager realize the impact their behaviour is having Understand the underlying issues by communicating with the manager and employees

49. Page 47 Employer liability for tolerating bullying

50. Page 48 Employer liability for tolerating bullying 1 of 2 Provincial Occupational Health & Safety laws Human Rights laws Infliction of mental distress Constructive dismissal C-45

51. Page 49 Employer liability for tolerating bullying 2 of 2 AMERICAN BAR ASSOCIATION Tort law covering negligent hiring and negligent retention Discrimination law and disability law where the employer is dealing with mental illness Private/public benefits, especially workers’ compensation law Occupational Health & Safety Act Employee handbooks Collective bargaining

52. Page 50 Spotting bullying

53. Page 51 Spotting bullying 1 of 2 Low morale Poor performance Absenteeism Intra-team conflict High staff turnover Aggressive behaviour

54. Page 52 Spotting bullying 2 of 2 Bullies are likely to have poor relationships with colleagues Watch out for teams with high staff turnover Bullying managers tend to make impulsive, random decisions that exhibit a need to be in control and micro-manage The victims of bullying can display a decline in performance and an increase in absenteeism

55. Page 53 Tackling bullying

56. Page 54 Tackling bullying Initiatives Primary prevention Secondary prevention Tertiary prevention

57. Page 55 Conclusion & Questions

58. Page 56 Conclusion Employer checklist for a bully-free workplace Checklist and model anti-harassment policy for medium and large organizations Checklist and model anti-harassment policy for small organizations Summary Questions