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Minimizing bullying & harassment at work
by Toronto Training and HR
May 2011
Contents3-4 Introduction to Toronto Training and HR5-8 Definitions9-12 The nature of the employer-employee
relationship13-14 Three steps to a healthy workplace15-16 Drill17-18 Identifying harassment19-23 Anti-harassment policies24-25 Harassment offsite26-27 Response of tribunals to a Human Rights claim28-31 Preventing harassment at schools and colleges32-33 Harassment behaviours to beware34-38 Myths and facts about sexual harassment39-40 Toronto Police Service v Chuvalo case 41-42 Factors that shape workplace bullying43-44 Work-related stress and bullying45-46 My new head of department is a bully!47-48 Employer liability for tolerating bullying50-52 Spotting bullying53-54 Tackling bullying55-56 Conclusion and questions
Page 3
Introduction
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 course design- Training course delivery- Reducing costs- Saving time- Improving employee engagement &
morale- Services for job seekers
Page 5
Definitions
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Definitions 1 of 3 BullyingHarassment
Workplace bullyingWorkplace abuseWorkplace harassmentWorkplace psychological harassment
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Definitions 2 of 3 WORKPLACE BULLYINGExcluding a person from conversations oractivitiesWithholding information needed for a person’s workUndervaluing a person’s effortSpreading rumours or gossipTaking credit for other people’s ideasConstant criticismPreventing applications for training, leave or promotionsYelling or swearingPhysical abuse or threats of physical abuse
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Definitions 3 of 3 WORKPLACE BULLYINGBehavioursPersistencyIntentPower imbalance
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The nature of the employer-employee
relationship
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The nature of the employer-employee relationship 1 of 3COMMON LAWEmployment law at common law is contractual; the non-union workplaceTort lawLaw of defamationLaw of damages
Common law response to bullying & harassment
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The nature of the employer-employee relationship 2 of 3UNIONIZED WORKPLACESThe legal situationArbitration casesTermination of co-worker upheld
Common law response to bullying & harassment
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The nature of the employer-employee relationship 3 of 3STATUTORY FRAMEWORKLabour Standards ActOccupational Health & Safety ActOntario Human Rights CodeWorkers’ Compensation Act
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Three steps to a healthy workplace
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Three steps to a healthy workplace
1.Create the climate2.Set up the framework3.Maintain the gains
Page 15
Drill
Page 16
Drill
Page 17
Identifying harassment
Page 18
Identifying harassment
Unwelcome behaviour that demeans, humiliates or embarrassesUnwanted sexual behaviourAbuse of authority
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Anti-harassment policies
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Anti-harassment policies 1 of 4
WHAT’S IN IT FOR ME?Employees may be afraid to complainHarassment costs moneyEducation increases awareness and minimizes problemsEmployers are legally responsibleAnti-harassment policies improve productivity and profits
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Anti-harassment policies 2 of 4
TO BE EFFECTIVE IT NEEDS TO BE:Unequivocally supported by managementClearFairKnown to everyone, at all levels of theorganizationApplied to everyone, at all levels of theorganization
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Anti-harassment policies 3 of 4
WHAT SHOULD BE IN THE POLICY?Policy statementThe lawEmployees’ and managers’ rights and responsibilitiesDirect actionInformal proceduresMediationFormal complaintsOther options
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Anti-harassment policies 4 of 4
WHAT SHOULD BE IN THE POLICY?Anti-harassment counsellorsInvestigatorsDecisionTime limitsAppealsRetaliationUnsubstantiated complaintsComplaints made in bad faith
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Harassment offsite
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Harassment offsite
Harassment does not always come from colleaguesWorkplace harassment does not always take place at workPolicy amendments
Dealing with complaintsTake the complaint seriouslyInvestigate the complaintTake steps to address the situation
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Response of tribunals to a human rights claim
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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
Page 28
Preventing harassment at schools and colleges
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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 toleratedHaving an effective anti-sexual and gender-based harassment policy in place and making sure all students know about itCommunicating clearly to the student body the consequences of all forms of sexual and gender-based harassment, including online sexual and gender-based harassment
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Preventing harassment at schools and colleges 2 of 3
Including online harassment prevention measures in sexual harassment and school Internet policiesTeaching students and staff about sexual harassment, including gender-based harassment, sex-role stereotyping, and homophobic comment and conductUsing role-playing and educational exercises to help students be more aware of the impact of sexual and gender-based harassment on othersTeaching students media literacy to help their critical thinking and to ask appropriate questions about what they watch, hear and read
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Preventing harassment at schools and colleges 3 of 3
Teaching students how to protect themselves from online sexual and gender-based harassmentRespecting the confidentiality of students who report sexual and gender-based harassment and related bullying. This may encourage other students to report harassmentMaking sure staff have enough resources, training and tools to spot sexually harassing behaviours, and to identify and report incidents when they do occur
Page 32
Harassment behaviours to beware
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Harassment behaviours to beware
Watch the languageSome jokes are not funny Train for different culturesWatch for inappropriate conduct Train about the importance of reporting Follow-up is crucial
Page 34
Myths and facts about sexual harassment
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Myths and facts about sexual harassment 1 of 4
Sexual harassment is not very commonSo-called sexual harassment is just natural, normalbehavior. Women should feel complimented that they are considered desirable and attractiveWomen who object have no sense of humourIf a worker asks another worker for a date, suddenly a sexual harassment complaint will be filedSexual harassment doesn’t hurt anyone
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Myths and facts about sexual harassment 2 of 4
A firm “no” is enough to discourage any man.Women who enter a predominately male fieldshould 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.
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Myths and facts about sexual harassment 3 of 4
EXAMPLES OF SEXUAL HARASSMENTAsking for sex in exchange for a benefit or a favourRepeatedly asking for dates, and not taking “no” for an answerDemanding hugsMaking unnecessary physical contact, including unwanted touchingUsing rude or insulting language or making comments toward girls and women (or boys and men)Bullying based on sex or genderSpreading sexual rumours or gossip (including online)
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Myths and facts about sexual harassment 4 of 4
EXAMPLES OF SEXUAL HARASSMENTCalling people sex-specific derogatory namesMaking sex-related comments about a person’s physical characteristics or actionsSaying or doing something because you think a person does not conform to sex-role stereotypesPosting or sharing pornography, sexual pictures or cartoons, sexually explicit graffiti, or other sexual images (including online)Making sexual jokesBragging about sexual prowess
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Toronto Police Service v Chuvalo case
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Toronto Police Service v Chuvalo case
BackgroundThe flawed investigationThe Human Rights Tribunal’s reviewFinding and damagesPoints to consider for employers
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Factors that shape workplace bullying
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Factors that shape workplace bullying
INDIVIDUALCharacteristics of targetsCharacteristics of perpetratorsORGANIZATIONALLeadershipOrganizational changeWork environmentWorkplace culture
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Work-related stress and bullying
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Work-related stress and bullying
Definition of work-related stressBullying that can cause work-related stressWork-related stress that can cause bullyingFactors that lead to bothIntervention strategies to tackle work-related stress
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My new head of department is a bully!
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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 managerAsk your employee assistance provider for help in delivering an awareness campaign of support availableUse coaching to help the manager realize the impact their behaviour is havingUnderstand the underlying issues by communicating with the manager and employees
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Employer liability for tolerating bullying
Page 48
Employer liability for tolerating bullying 1 of 2
Provincial Occupational Health & Safety lawsHuman Rights lawsInfliction of mental distressConstructive dismissalC-45
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Employer liability for tolerating bullying 2 of 2
AMERICAN BAR ASSOCIATIONTort law covering negligent hiring and negligent retentionDiscrimination law and disability law where the employer is dealing with mental illnessPrivate/public benefits, especially workers’ compensation lawOccupational Health & Safety ActEmployee handbooksCollective bargaining
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Spotting bullying
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Spotting bullying 1 of 2
Low moralePoor performanceAbsenteeismIntra-team conflictHigh staff turnoverAggressive behaviour
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Spotting bullying 2 of 2
Bullies are likely to have poor relationships with colleaguesWatch out for teams with high staff turnoverBullying managers tend to make impulsive, random decisions that exhibit a need to be in control and micro-manageThe victims of bullying can display a decline in performance and an increase in absenteeism
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Tackling bullying
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Tackling bullying
InitiativesPrimary preventionSecondary preventionTertiary prevention
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Conclusion & Questions
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Conclusion
Employer checklist for a bully-free workplaceChecklist and model anti-harassment policy for medium and large organizationsChecklist and model anti-harassment policy for small organizations SummaryQuestions