Building Blocks of a Safe Workplace
Part 2
Building Blocks of a Safe Workplace
Part 2
Federally and provincially legislated workplaces have specific expectations and protections for employees and employers.
The following information provides an overview of ways you can create a safe and healthy workplace using the legislation that applies in your jurisdiction.
Federally and provincially legislated workplaces have specific expectations and protections for employees and employers.
The following information provides an overview of ways you can create a safe and healthy workplace using the legislation that applies in your jurisdiction.
Jurisdiction
Is it a Federally Or Provincially Regulated Workplace?
Jurisdiction is the system of laws and power that govern legal decisions and judgements. Jurisdiction matters because it provides direction on legal obligations for employers and protections for employees. As an employee, you are not expected to determine jurisdiction on your own, and your employer can help answer your questions. The information below may be used as a starting point of reference as your workplace develops or updates its guidelines and standards for a safe workplace.
Both federal and provincial governments have legislation under human rights and occupational health and safety that prohibit harassment in the workplace.
For employers, it is important to comply with the most up to date legislation and regulations on workplace violence and harassment. These provide the necessary guidelines and standards for you to implement in your workplace.
For employees, it is important to know the laws that protect you in the workplace. There are services, such as legal clinics and law offices, that can assist you in understanding these laws and help you to interpret and apply them to your situation.
In addition to knowing your rights in the workplace, it is important to know that any retaliation or threat of retaliation for asserting your rights is illegal. This means that there should never be negative consequences for reporting an incident of sexual harassment or violence. Acts of reprisal from an employer or manager could include: firing (or threatening to do so), suspension or discipline (or threatening to do so), intimidating or coercing you, or imposing a penalty (such as a transfer or reduction of hours). If you suspect your employer or manager is committing an act of reprisal, you can consider obtaining legal advice or contacting your union representative.
In the federal jurisdiction, the employer’s statutory duty to prevent harassment and violence in the workplace is found in the following legislation:
The Canadian Human Rights Act
The Canadian Human Rights Act expressly prohibits harassment in the workplace. Under sections 3 and 14 of the CHRA, harassment is prohibited based on the following grounds of discrimination:
race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
Canada Labour Code
The Canada Labour Code requires the employer to take certain steps to prevent harassment and violence in the workplace. Those steps are found in Workplace Harassment and Violence Prevention Regulations.
In Ontario, the employer’s statutory duty to prevent harassment and violence in the workplace is found in the following legislation:
The Ontario Human Rights Code prohibits harassment in the workplace. Harassment is a form of discrimination when it is based on the following enumerated grounds of discrimination:
race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status and disability.
The Occupational Health and Safety Act prohibits both workplace harassment and workplace violence.
Common Law
- In addition to statutory law (such as the federal and provincial laws above), judges have decided that harassment can lead to employer liability under the common law. This means that when necessary, a person can elevate a workplace harassment issue beyond their employer and into the courtroom.
- The following are standards a judge could consider when preceding over a case of workplace harassment:
- The common law duty of fairness: The employer has the implied duty to treat its employees fairly, with civility, decency, respect and dignity.
- Sexual battery: Sexual battery involves the use of force in the form of physical sexual contact that is harmful and offensive. It is an attack on the victim’s dignity and personal autonomy.
- Intentional infliction of mental suffering: The conduct must be offensive and outrageous, calculated to produce harm, and result in a visible and provable injury.
Criminal Code
In addition to the legislation discussed above, there is a statutory duty under section 217.1 of the federal Criminal Code, R.S.C. 1985, c. C-46, for the employer (and its officers, directors, and supervisors) to take reasonable steps to prevent bodily harm to any person arising from the work performed in the workplace.
Jurisdiction
Is it a Federally Or Provincially Regulated Workplace?
Jurisdiction is the system of laws and power that govern legal decisions and judgements. Jurisdiction matters because it provides direction on legal obligations for employers and protections for employees. As an employee, you are not expected to determine jurisdiction on your own, and your employer can help answer your questions. The information below may be used as a starting point of reference as your workplace develops or updates its guidelines and standards for a safe workplace.
Both federal and provincial governments have legislation under human rights and occupational health and safety that prohibit harassment in the workplace.
For employers, it is important to comply with the most up to date legislation and regulations on workplace violence and harassment. These provide the necessary guidelines and standards for you to implement in your workplace.
For employees, it is important to know the laws that protect you in the workplace. There are services, such as legal clinics and law offices, that can assist you in understanding these laws and help you to interpret and apply them to your situation.
In addition to knowing your rights in the workplace, it is important to know that any retaliation or threat of retaliation for asserting your rights is illegal. This means that there should never be negative consequences for reporting an incident of sexual harassment or violence. Acts of reprisal from an employer or manager could include: firing (or threatening to do so), suspension or discipline (or threatening to do so), intimidating or coercing you, or imposing a penalty (such as a transfer or reduction of hours). If you suspect your employer or manager is committing an act of reprisal, you can consider obtaining legal advice or contacting your union representative.
In the federal jurisdiction, the employer’s statutory duty to prevent harassment and violence in the workplace is found in the following legislation:
The Canadian Human Rights Act
The Canadian Human Rights Act expressly prohibits harassment in the workplace. Under sections 3 and 14 of the CHRA, harassment is prohibited based on the following grounds of discrimination:
race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
Canada Labour Code
The Canada Labour Code requires the employer to take certain steps to prevent harassment and violence in the workplace. Those steps are found in Workplace Harassment and Violence Prevention Regulations.
In Ontario, the employer’s statutory duty to prevent harassment and violence in the workplace is found in the following legislation:
The Ontario Human Rights Code prohibits harassment in the workplace. Harassment is a form of discrimination when it is based on the following enumerated grounds of discrimination:
race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status and disability.
The Occupational Health and Safety Act prohibits both workplace harassment and workplace violence.
Common Law
- In addition to statutory law (such as the federal and provincial laws above), judges have decided that harassment can lead to employer liability under the common law. This means that when necessary, a person can elevate a workplace harassment issue beyond their employer and into the courtroom.
- The following are standards a judge could consider when preceding over a case of workplace harassment:
- The common law duty of fairness: The employer has the implied duty to treat its employees fairly, with civility, decency, respect and dignity.
- Sexual battery: Sexual battery involves the use of force in the form of physical sexual contact that is harmful and offensive. It is an attack on the victim’s dignity and personal autonomy.
- Intentional infliction of mental suffering: The conduct must be offensive and outrageous, calculated to produce harm, and result in a visible and provable injury.
Criminal Code
In addition to the legislation discussed above, there is a statutory duty under section 217.1 of the federal Criminal Code, R.S.C. 1985, c. C-46, for the employer (and its officers, directors, and supervisors) to take reasonable steps to prevent bodily harm to any person arising from the work performed in the workplace.
TRAINING & TRANSPARENCY
Every employer is required to have policies that comply with the relevant legislation of their jurisdiction.
The legislation details how employers should review their policies to make sure they are up to date and what training requirements employers must enact, which includes making sure employees have access to these policies.
Training and Transparency
Every employer is required to have policies that comply with the relevant legislation of their jurisdiction. The legislation details how employers should review their policies to make sure they are up to date and what training requirements employers must enact, which includes making sure employees have access to these policies.
For federal workplaces, policies are to be reviewed, and staff training should be offered (with training for new employees), every 3 years and after every change to a training element (Canada Labour Code).
For Ontario workplaces, every employer must prepare and review a policy annually. There are requirements for posting a written policy or communicating it verbally. Training on the policy should occur when the employee is hired and the employer must identify how often it is needed otherwise (Occupational Health and Safety Act).
Policies and procedures should outline the expectations for conduct, the workplace values, and the responsibilities for protecting everyone in the workplace. They should include clear steps for making complaints and resolving harassment and violence in the workplace.
As an employee, you can expect your employer to have version(s) of the following types of policies to address workplace harassment:
- Workplace Health and Safety Policy;
- Workplace Violence and Harassment Policy; and
- Accessibility Policy.
TRAINING & TRANSPARENCY
Every employer is required to have policies that comply with the relevant legislation of their jurisdiction.
The legislation details how employers should review their policies to make sure they are up to date and what training requirements employers must enact, which includes making sure employees have access to these policies.
Training and Transparency
Every employer is required to have policies that comply with the relevant legislation of their jurisdiction. The legislation details how employers should review their policies to make sure they are up to date and what training requirements employers must enact, which includes making sure employees have access to these policies.
For federal workplaces, policies are to be reviewed, and staff training should be offered (with training for new employees), every 3 years and after every change to a training element (Canada Labour Code).
For Ontario workplaces, every employer must prepare and review a policy annually. There are requirements for posting a written policy or communicating it verbally. Training on the policy should occur when the employee is hired and the employer must identify how often it is needed otherwise (Occupational Health and Safety Act).
Policies and procedures should outline the expectations for conduct, the workplace values, and the responsibilities for protecting everyone in the workplace. They should include clear steps for making complaints and resolving harassment and violence in the workplace.
As an employee, you can expect your employer to have version(s) of the following types of policies to address workplace harassment:
- Workplace Health and Safety Policy;
- Workplace Violence and Harassment Policy; and
- Accessibility Policy.
Complaint Process Overview
Policies and procedures will contain a complaint process, which is triggered when a complaint or report is submitted by an employee. If you are unsure of what a complaint process normally looks like or whether your employer is adequately seeking a resolution, the following processes will provide guidance on what steps and options are available to resolve a complaint. These processes can be adapted to fit different workplaces.
The steps laid out below should be viewed as a baseline. Remember, you, as the employee, are in control of whether you make a complaint or not and you choose whether to move forward through the process. You can end a complaint process and complaints can be made outside of your workplace if your employer does not resolve or adequately handle the complaint.
If you decide to make a complaint, your employer is required to handle it in a confidential, professional, and sensitive manner that prioritizes the well-being of the individual experiencing harassment. Information about the complaint should remain confidential, except in cases where workers need protection, an investigation of the complaint or incident is needed, or corrective action must be taken as required by law.
The following process is an outline of requirements from the Canada Labour Code for federally regulated workplaces.
1. Reporting
When an incident of harassment occurs, it is important to report this to your employer, HR manager, or office administration either verbally or in writing. The report should include as much detail as possible, including the name of the person committing the harassment, date/time of the incident(s), any witnesses to the incident, and a description of what happened.
The incident should be reported to your employer or a staff member who has been designated to receive complaints. If your complaint involves your manager or employer, you can report the incident to another staff member.
You may end the complaint process at any time by informing the person that received your complaint.
2. Response
Once you report an incident, the person that received your complaint should follow up with the following information:
a. that your notice has been received;
b. how you can access the workplace harassment and violence prevention policy;
c. each step of the resolution process; and
d. that you may be represented during the resolution process.
3. Negotiated Resolution
This step is necessary to make every reasonable attempt to resolve the incident. This may be done directly with the person you reported the incident to, or it may involve a discussion with the person who committed the harassment. You should not feel pressured to resolve the incident at this stage as you are entitled to pursue further conciliation efforts and/or an investigation.
The following are voluntary steps. If the complaint is resolved, conciliation and/or an investigation will not be pursued or triggered.
4. Conciliation
Conciliation is a mediated effort to seek a resolution conducted by a facilitator that both you and the person who committed harassment agree upon. This can include alternative or Indigenous dispute resolution approaches, as outlined below.
5. Investigation
A formal investigation is conducted by an investigator that will present a report with recommendations to the employer and the Health and Safety Committee or the person in charge of the complaint in the workplace.
The following process is an outline of requirements from the Ontario Occupational Health and Safety Act for provincially regulated workplaces.
1. Reporting
The report of the incident should include the following information:
i. Name(s) of the employee(s) who has/have allegedly experienced workplace harassment and contact information;
ii. Name of the person accused of committing harassment, their position and contact information (if known);
iii. Names of the witness(es) (if any) or other person(s) with relevant information to provide about the incident (if any) and contact information (if known); and
iv. Details of what happened including date(s), frequency and location(s) of the alleged incident(s):
a. Any documents you have that are relevant to the complaint;
b. List any documents someone else may have that could be relevant to the complaint.
2. Investigation
The employer will ensure that an investigation appropriate in the circumstances will be conducted into complaints or incidents of workplace harassment.
In a provincially regulated workplace, there is a requirement to follow up on harassment concerns, whether there is a formal complaint or not.
There are many opportunities within the complaint process for an employee to choose Alternative Dispute Resolution (ADR) or Indigenous Dispute Resolution (IDR) processes. Employers can apply culturally appropriate processes, values, and traditions important to their communities to complaint and resolution processes.
If you are an employee experiencing harassment in the workplace, you can consider asking for the resolution to take place through an ADR or IDR process.
ADR allows the different parties within a dispute to develop a solution that everyone agrees on. This may occur solely between the parties to the incident or can involve a facilitator to mediate discussions and help the parties find a creative solution. If negotiation or mediation are not successful, the parties can consider using an arbitrator (an expert in the law) to help them reach a solution.
While these ADR methods are popular, concerns remain that they are Western-centric tools, which can create challenges with cultural differences or exploitation when used in Indigenous contexts. For example, “mediation” practices might not consider the possibility of requesting the assistance of an Elder to resolve disputes.
“Conciliation” is another ADR method, similar to mediation, and it is a more inclusive term that respects First Nations circle traditions. Conciliation puts more importance on the neutral party, such as an Elder, as the one who can find a creative solution to the dispute . The use of conciliation as a resolution process is explicitly referenced in the federal legislation on workplace complaints and it can include all elements referenced in the legislation.
IDR is a framework made up of Indigenous approaches to ADR, utilizing traditional values and practices to resolve conflicts. Often, IDR is a form of restorative justice whereby an Elder or someone respected in the community facilitates a circle to bring about a resolution and recognizes how Indigenous culture can play a powerful role in the solution of problems.
IDR changes based on the culture and tradition of different communities. IDR is unique as it prioritizes solutions consistent with the culture of the parties involved and makes the parties central to the decision making process.
Facilitation style and purpose can differ between circles. These circles can be requested and set up between the person who has experienced the harassment and the person who has committed the harassment. The following is a non-exhaustive list of circles that may be used during conciliation:
- Talking Circle: a safe environment for sharing points of view with others.
- Teaching Circle: an educational circle that encourages dialogue, respect, and the co-creation of learning content and social discourse.
- Sharing Circle: opportunity to verbalize feelings and identify how we can support each other. (A facilitator would gather and combine ideas to the end goal of keeping families or individuals safe, healthy, and happy).
- Healing Circle: opportunity to guide emotional release by encouraging participants to let go of their negative feelings. (A facilitator would identify what experiences are triggering negative emotions and what experiences can lead to positive emotions).
- Ceremonial Spirit Circle: a circle to practice a symbolic ceremony and an opportunity to evoke energies to create change, to honour, and to acknowledge the experiences and feelings of the person who has been harassed.
Both federal and provincial employers have obligations to an employee that is the victim of family violence or is the parent of a child who is a victim of family violence. These obligations include: providing a leave of absence, counselling, relocation, and legal or law enforcement assistance.
The Canadian Centre for Occupational Health and Safety has outlined several additional steps that employers can take to ensure the safety and well-being of an employee. While respecting confidentiality and privacy, which are part of the workplace violence and harassment prevention policy, where appropriate, employers should take action to prevent and address family violence by:
- Identifying Warning Signs
- Establishing a support network
- Developing or supporting a safety plan
- Talking to the employee and working together to identify solutions. Follow up and check on their well-being.
- Offering flexible work scheduling if it can be a solution.
- Calling the police if the abuser exhibits criminal activity such as stalking or unauthorized electronic monitoring.
- Not scheduling both a victim and abuser who work at the same workplace at the same time
- Using disciplinary procedures to hold the abuser accountable for unacceptable behaviour in the workplace if the abuser works at the same workplace. When necessary, relocating the employee where they cannot be seen through windows or from the outside.
When relevant, additional elements of a safety plan may include:
- Asking for a recent photograph or description of the abuser and alerting others, including security and reception, so they are aware of who to look for.
- Not including the victim’s contact information in publicly available company directories or websites.
- Change the victim’s phone number, have another person screen their calls, or block the abusers calls or emails.
- Pre-programing 911 on a phone or cell phone, and installing a panic button in their work area or providing personal alarms.
- Providing a well-lit parking spot near the building or escorting the individual to their car or to public transit.
Complaint Process Overview
Policies and procedures will contain a complaint process, which is triggered when a complaint or report is submitted by an employee. If you are unsure of what a complaint process normally looks like or whether your employer is adequately seeking a resolution, the following processes will provide guidance on what steps and options are available to resolve a complaint. These processes can be adapted to fit different workplaces.
The steps laid out below should be viewed as a baseline. Remember, you, as the employee, are in control of whether you make a complaint or not and you choose whether to move forward through the process. You can end a complaint process and complaints can be made outside of your workplace if your employer does not resolve or adequately handle the complaint.
If you decide to make a complaint, your employer is required to handle it in a confidential, professional, and sensitive manner that prioritizes the well-being of the individual experiencing harassment. Information about the complaint should remain confidential, except in cases where workers need protection, an investigation of the complaint or incident is needed, or corrective action must be taken as required by law.
The following process is an outline of requirements from the Canada Labour Code for federally regulated workplaces.
1. Reporting
When an incident of harassment occurs, it is important to report this to your employer, HR manager, or office administration either verbally or in writing. The report should include as much detail as possible, including the name of the person committing the harassment, date/time of the incident(s), any witnesses to the incident, and a description of what happened.
The incident should be reported to your employer or a staff member who has been designated to receive complaints. If your complaint involves your manager or employer, you can report the incident to another staff member.
You may end the complaint process at any time by informing the person that received your complaint.
2. Response
Once you report an incident, the person that received your complaint should follow up with the following information:
a. that your notice has been received;
b. how you can access the workplace harassment and violence prevention policy;
c. each step of the resolution process; and
d. that you may be represented during the resolution process.
3. Negotiated Resolution
This step is necessary to make every reasonable attempt to resolve the incident. This may be done directly with the person you reported the incident to, or it may involve a discussion with the person who committed the harassment. You should not feel pressured to resolve the incident at this stage as you are entitled to pursue further conciliation efforts and/or an investigation.
The following are voluntary steps. If the complaint is resolved, conciliation and/or an investigation will not be pursued or triggered.
4. Conciliation
Conciliation is a mediated effort to seek a resolution conducted by a facilitator that both you and the person who committed harassment agree upon. This can include alternative or Indigenous dispute resolution approaches, as outlined below.
5. Investigation
A formal investigation is conducted by an investigator that will present a report with recommendations to the employer and the Health and Safety Committee or the person in charge of the complaint in the workplace.
The following process is an outline of requirements from the Ontario Occupational Health and Safety Act for provincially regulated workplaces.
1. Reporting
The report of the incident should include the following information:
i. Name(s) of the employee(s) who has/have allegedly experienced workplace harassment and contact information;
ii. Name of the person accused of committing harassment, their position and contact information (if known);
iii. Names of the witness(es) (if any) or other person(s) with relevant information to provide about the incident (if any) and contact information (if known); and
iv. Details of what happened including date(s), frequency and location(s) of the alleged incident(s):
a. Any documents you have that are relevant to the complaint;
b. List any documents someone else may have that could be relevant to the complaint.
2. Investigation
The employer will ensure that an investigation appropriate in the circumstances will be conducted into complaints or incidents of workplace harassment.
In a provincially regulated workplace, there is a requirement to follow up on harassment concerns, whether there is a formal complaint or not.
There are many opportunities within the complaint process for an employee to choose Alternative Dispute Resolution (ADR) or Indigenous Dispute Resolution (IDR) processes. Employers can apply culturally appropriate processes, values, and traditions important to their communities to complaint and resolution processes.
If you are an employee experiencing harassment in the workplace, you can consider asking for the resolution to take place through an ADR or IDR process.
ADR allows the different parties within a dispute to develop a solution that everyone agrees on. This may occur solely between the parties to the incident or can involve a facilitator to mediate discussions and help the parties find a creative solution. If negotiation or mediation are not successful, the parties can consider using an arbitrator (an expert in the law) to help them reach a solution.
While these ADR methods are popular, concerns remain that they are Western-centric tools, which can create challenges with cultural differences or exploitation when used in Indigenous contexts. For example, “mediation” practices might not consider the possibility of requesting the assistance of an Elder to resolve disputes.
“Conciliation” is another ADR method, similar to mediation, and it is a more inclusive term that respects First Nations circle traditions. Conciliation puts more importance on the neutral party, such as an Elder, as the one who can find a creative solution to the dispute . The use of conciliation as a resolution process is explicitly referenced in the federal legislation on workplace complaints and it can include all elements referenced in the legislation.
IDR is a framework made up of Indigenous approaches to ADR, utilizing traditional values and practices to resolve conflicts. Often, IDR is a form of restorative justice whereby an Elder or someone respected in the community facilitates a circle to bring about a resolution and recognizes how Indigenous culture can play a powerful role in the solution of problems.
IDR changes based on the culture and tradition of different communities. IDR is unique as it prioritizes solutions consistent with the culture of the parties involved and makes the parties central to the decision making process.
Facilitation style and purpose can differ between circles. These circles can be requested and set up between the person who has experienced the harassment and the person who has committed the harassment. The following is a non-exhaustive list of circles that may be used during conciliation:
- Talking Circle: a safe environment for sharing points of view with others.
- Teaching Circle: an educational circle that encourages dialogue, respect, and the co-creation of learning content and social discourse.
- Sharing Circle: opportunity to verbalize feelings and identify how we can support each other. (A facilitator would gather and combine ideas to the end goal of keeping families or individuals safe, healthy, and happy).
- Healing Circle: opportunity to guide emotional release by encouraging participants to let go of their negative feelings. (A facilitator would identify what experiences are triggering negative emotions and what experiences can lead to positive emotions).
- Ceremonial Spirit Circle: a circle to practice a symbolic ceremony and an opportunity to evoke energies to create change, to honour, and to acknowledge the experiences and feelings of the person who has been harassed.
Both federal and provincial employers have obligations to an employee that is the victim of family violence or is the parent of a child who is a victim of family violence. These obligations include: providing a leave of absence, counselling, relocation, and legal or law enforcement assistance.
The Canadian Centre for Occupational Health and Safety has outlined several additional steps that employers can take to ensure the safety and well-being of an employee. While respecting confidentiality and privacy, which are part of the workplace violence and harassment prevention policy, where appropriate, employers should take action to prevent and address family violence by:
- Identifying Warning Signs
- Establishing a support network
- Developing or supporting a safety plan
- Talking to the employee and working together to identify solutions. Follow up and check on their well-being.
- Offering flexible work scheduling if it can be a solution.
- Calling the police if the abuser exhibits criminal activity such as stalking or unauthorized electronic monitoring.
- Not scheduling both a victim and abuser who work at the same workplace at the same time
- Using disciplinary procedures to hold the abuser accountable for unacceptable behaviour in the workplace if the abuser works at the same workplace. When necessary, relocating the employee where they cannot be seen through windows or from the outside.
When relevant, additional elements of a safety plan may include:
- Asking for a recent photograph or description of the abuser and alerting others, including security and reception, so they are aware of who to look for.
- Not including the victim’s contact information in publicly available company directories or websites.
- Change the victim’s phone number, have another person screen their calls, or block the abusers calls or emails.
- Pre-programing 911 on a phone or cell phone, and installing a panic button in their work area or providing personal alarms.
- Providing a well-lit parking spot near the building or escorting the individual to their car or to public transit.
What You Should Know Checklists
- Make sure your staff, Chief and Council, and Boards of Directors are trained to know and implement their workplace policies and procedures about harassment.
- Make sure you know about your obligations to your employees and community members to prevent and address sexual harassment and violence – know which laws apply.
- Have a good policy and procedure for addressing sexual harassment and violence for all the workplaces that Chief and Council oversee.
- Have a good policy and procedure for addressing sexual harassment and violence for community members to use if they experience harassment or violence when receiving services from the First Nation.
- Do not impose negative consequences on those who speak up.
- Create a safe and healthy workplace environment that encourages and supports employees to speak up when experiencing harassment or violence.
- Ensure that you are aware of your employer’s harassment and violence policies and procedures.
- If you are experiencing violence at home – tell your employer.
- Keep written notes of incidents of harassment for reporting purposes.
- If your workplace does not have a policy, still report the incident to someone, whether that’s your manager, union representative, or the Band Manager or Human Resources person.
- Ask a friend or family member for support.
- There are laws to help you – you might be able to file a human rights complaint, an occupational health and safety complaint, or go to the police.
If you have experienced sexual harassment or violence as someone who is receiving services from your First Nation, there are legal protections.
- Report the incident to the manager or administration of the organization.
- Ask to review their policies and procedures for handling these types of complaints.
- There are laws to help you – you might be able to file a human rights complaint or report the incident to the police.
PATHWAYS TO RESOLUTION GRAPHIC
Click the image to view the full size graphic.
What You Should Know Checklists
- Make sure your staff, Chief and Council, and Boards of Directors are trained to know and implement their workplace policies and procedures about harassment.
- Make sure you know about your obligations to your employees and community members to prevent and address sexual harassment and violence – know which laws apply.
- Have a good policy and procedure for addressing sexual harassment and violence for all the workplaces that Chief and Council oversee.
- Have a good policy and procedure for addressing sexual harassment and violence for community members to use if they experience harassment or violence when receiving services from the First Nation.
- Do not impose negative consequences on those who speak up.
- Create a safe and healthy workplace environment that encourages and supports employees to speak up when experiencing harassment or violence.
- Ensure that you are aware of your employer’s harassment and violence policies and procedures.
- If you are experiencing violence at home – tell your employer.
- Keep written notes of incidents of harassment for reporting purposes.
- If your workplace does not have a policy, still report the incident to someone, whether that’s your manager, union representative, or the Band Manager or Human Resources person.
- Ask a friend or family member for support.
- There are laws to help you – you might be able to file a human rights complaint, an occupational health and safety complaint, or go to the police.
If you have experienced sexual harassment or violence as someone who is receiving services from your First Nation, there are legal protections.
- Report the incident to the manager or administration of the organization.
- Ask to review their policies and procedures for handling these types of complaints.
- There are laws to help you – you might be able to file a human rights complaint or report the incident to the police.
PATHWAYS TO RESOLUTION GRAPHIC