Minimizing bullying & harassment at work May 2011

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

Introduction

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

Definitions

Definitions 1 of 3 BullyingHarassment

Workplace bullyingWorkplace abuseWorkplace harassmentWorkplace psychological harassment

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

Definitions 3 of 3 WORKPLACE BULLYINGBehavioursPersistencyIntentPower imbalance

The nature of the employer-employee

relationship

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

The nature of the employer-employee relationship 2 of 3UNIONIZED WORKPLACESThe legal situationArbitration casesTermination of co-worker upheld

Common law response to bullying & harassment

The nature of the employer-employee relationship 3 of 3STATUTORY FRAMEWORKLabour Standards ActOccupational Health & Safety ActOntario Human Rights CodeWorkers’ Compensation Act

Three steps to a healthy workplace

Three steps to a healthy workplace

1.Create the climate2.Set up the framework3.Maintain the gains

Identifying harassment

Identifying harassment

Unwelcome behaviour that demeans, humiliates or embarrassesUnwanted sexual behaviourAbuse of authority

Anti-harassment policies

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


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


WHAT SHOULD BE IN THE POLICY?Policy statementThe lawEmployees’ and managers’ rights and responsibilitiesDirect actionInformal proceduresMediationFormal complaintsOther options


WHAT SHOULD BE IN THE POLICY?Anti-harassment counsellorsInvestigatorsDecisionTime limitsAppealsRetaliationUnsubstantiated complaintsComplaints made in bad faith

Harassment offsite

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

Response of tribunals to a human rights claim

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

Preventing harassment at schools and colleges

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


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


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

Harassment behaviours to beware

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

Myths and facts about sexual harassment

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


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.


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)


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

Toronto Police Service v Chuvalo case

Toronto Police Service v Chuvalo case

BackgroundThe flawed investigationThe Human Rights Tribunal’s reviewFinding and damagesPoints to consider for employers

Factors that shape workplace bullying

Factors that shape workplace bullying

INDIVIDUALCharacteristics of targetsCharacteristics of perpetratorsORGANIZATIONALLeadershipOrganizational changeWork environmentWorkplace culture

Work-related stress and bullying

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

My new head of department is a bully!

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

Employer liability for tolerating bullying

Employer liability for tolerating bullying 1 of 2

Provincial Occupational Health & Safety lawsHuman Rights lawsInfliction of mental distressConstructive dismissalC-45

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

Spotting bullying

Spotting bullying 1 of 2

Low moralePoor performanceAbsenteeismIntra-team conflictHigh staff turnoverAggressive behaviour

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

Tackling bullying

Tackling bullying

InitiativesPrimary preventionSecondary preventionTertiary prevention

Conclusion & Questions

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

Minimizing bullying & harassment at work May 2011

Business

Transcript of Minimizing bullying & harassment at work May 2011