The complainant was offended or harmed, including the feeling of being demeaned, belittled, personally humiliated or embarrassed, intimidated or threatened.The behaviour was directed at the complainant.The respondent displayed an improper and offensive conduct including objectionable acts, comments or displays, or acts of intimidation or threats, or acts, comments or displays in relation to a prohibited ground of discrimination under the Canadian Human Rights Act. To substantiate harassment allegations, it must be demonstrated that, according to the balance of probability: What criteria have to be met to establish whether there was harassment? At employer sponsored events, including social events.At employer sponsored training activities/sessions, and.At a conference where the attendance is sponsored by the employer,.The scope of the policy applies to employee behaviours in the workplace or at any location or any event related to work, including while: If you have been assaulted, you should seek assistance immediately and contact the police. Note 2: Sexual and physical assaults are defined by the Criminal Code and will be dealt with according to that legislation. Note 1: The legitimate and proper exercise of management’s authority or responsibility does not constitute harassment. However, one single incident can constitute harassment when it is demonstrated that it is severe and has a significant and lasting impact on the complainant. Each behaviour viewed individually may seem inoffensive it is the synergy and repetitive characteristic of the behaviours that produce harmful effects. It is a behaviour that with persistence, pressures, frightens, intimidates or incapacitates another person. In other words, harassment consists of repeated and persistent behaviours towards an individual to torment, undermine, frustrate or provoke a reaction from that person. It is the repetition that generates the harassment. More specifically, harassment is normally a series of incidents but can be one severe incident which has a lasting impact on the individual.Įssentially, the definition of harassment means that more than one act or event is needed in order to constitute harassment and that taken individually, this act or event need not constitute harassment. based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and pardoned conviction). It also includes harassment within the meaning of the Canadian Human Rights Act (i.e. It comprises objectionable act(s), comment(s) or display(s) that demean, belittle, or cause personal humiliation or embarrassment, and any act of intimidation or threat. Improper conduct by an individual, that is directed at and offensive to another individual in the workplace, including at any event or any location related to work, and that the individual knew or ought reasonably to have known would cause offence or harm. Under the Policy on Harassment Prevention and Resolution, harassment is defined as: The impact on you, the complainant, should be significant as harassment is serious. If, after reading this document, you are still unsure if your situation is harassment, please consult your manager, a departmental harassment prevention advisor, a departmental informal conflict resolution practitioner, the Employee Assistance Program or a union representative.Įach case is unique and should be examined in its own context and according to the surrounding circumstances as a whole. It is to be used solely as a guide to assist you in reflecting on the circumstances of your situation. This tool can be used as a starting point in your analysis to help you better understand what constitutes harassment under the Treasury Board policy definition. This tool will serve to help you in the analysis of a situation you believe might be workplace harassment.
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