Policy On Harassment Prevention and Resolution Briefing

1. Policy On Harassment Prevention and Resolution Briefing • Briefing to UMCC HR Sub-Committee • 6 December 2012 • Samuel Potvin, Senior Policy Officer, Director Civilian Labour Relations

2. Outline • Treasury Board Secretariat Policy and Directive • Changes • Requirements • DND/CF review of DAOD 5012 and Guidelines • Review Steps and Timelines

3. Treasury Board Secretariat Policy and Directive • Policy on Harassment Prevention and Resolution • Directive on the Harassment Complaint Process • Both effective 1 October 2012 • Policy instrument • puts greater emphasis on preventive activities and on respect for people in achieving results; • encourages informal conflict resolution and the restoration of the workplace.

4. Changes to Definition • Harassment • same as the 2001 definition. However added that “Harassment is normally a series of incidents but can be one severe incident which has a lasting impact on the individual”. • Preventive activities • examples are provided in the definition of Policy • Informal Resolution Processes • broader than mediation • Complaint • verbally or submitted in writing. Needs to be in writing to initiate the harassment complaint process

5. Changes to Definition (continue) • Designated Official (s) • designated by the deputy head to be responsible for the overall application of the Policy and the Directive. • Employee • includes indeterminate employees, part-time employees, term employees, seasonal employees, casual workers, students and part-time workers. • Restoration of the Workplace • the establishment or re-establishment of harmonious working relationships

6. Policy Requirements from TBS Policy • Ensuring that preventive activities are in place to foster a harassment free workplace. These include informing employees about the employer’s commitment to fostering a harassment-free workplace and ensuring that results are achieved in a manner that respects employees. Other possible preventive activities are suggested in the Definitions Section- Appendix A. • Optimizing the use of the informal resolution process and ensuring that those who are involved in managing and resolving harassment complaints have the required competencies, including informal conflict resolution skills. • Regularly consulting with bargaining agents, informal conflict management practitioners and other stakeholders on the application of the Directive on the Harassment Complaint Process. • Designating an official or officials for the application of the Policy on Harassment Prevention and Resolution and the Directive on the Harassment Complaint Process.

7. Directive Requirements • Ensuring that the harassment complaint process is carried out promptly, respects the principles of procedural fairness and that it contains the following five steps: Step 1 – Acknowledging receipt of the complaint Step 2 –Reviewing the complaintto determine whether the allegation (s) meets the definition of harassment. The respondent is notified of the complaint whether or not the complaint is admissible. Step 3 – Exploring options for resolving the complaint…

8. Directive Requirements (continue) Step 4– Rendering a decision and notifying in writing the parties involved as to whether or not the allegations were founded. Step 5 - Restoring the well-being of the workplace • Ensuring that steps 1, 2, 3 and 4 are completed in a timely fashion, normally within 12 months unless there are extenuating circumstances, and step 5 is initiated within the same time frame.

9. DND/CF Policy and Guidelines on Harassment Prevention and Resolution review • DAOD 5012 and Guidelines • Changes in the TBS Policy Directive are in most part already included in the current DAOD or Guidelines. • Only an update will be required to both Policy and Guidelines • Update will also include a review of: • RO Guide • Harassment Handbook • Courses and training material

10. DND and CF’s DAOD 5012 review steps and timelines • Step 1: Collate the information received from the questionnaire that was sent to stakeholders in • August 2012. • Step 2: Draft new DOAD and guidelines on Harassment Prevention and Resolution • Incorporate changes from TBS Policy and Directive • Incorporate, if appropriate, stakeholder feedback received from questionnaire. • Plans are to have completed Step 1 and Step 2 by the end of December

11. DND and CF’s DAOD 5012 review steps and timelines cont… • Step 3: Present draft to Stakeholders for review • List of Stakeholders for civilians: • L1 Organisation • Bargaining Agents/Unions • DGADR • DEP • DND Managers Network • EE Advisory Groups • Youth Network • Plan to have this step completed by end of January

12. DND and CF’s DAOD 5012 review steps and timelines cont… • Step 4: Review and update policy and guidelines following feedback from stakeholders • Step to be completed by end of February • Step 5: Legal review and update to Department’s harassment tools (course material, DND/CF Handbook etc….) • No timeframe for this step as it is dependant on speed of legal review

13. Questions?