Policy: Respectful Workplace Policy
Policy # 002
Approved by:
Dustin Bowers
Effective:
December 28, 2022
Purpose of Policy
PLAEX Building Systems Inc. is an equal opportunity employer and is committed to providing and building a safe and respectful work environment. The pursuit of such a goal is to ensure that employees are treated equally, with respect and dignity, free from workplace harassment, sexual harassment, discrimination, bullying and violence.
In accordance with the New Brunswick and Nova Scotia Human Rights and Occupational Health and Safety Regulations, PLAEX Building Systems Inc. will take every reasonable precaution and implement measures to ensure a respectful and safe environment for all.
This policy will be reviewed annually. The intention of this policy is not to stop everyday interactions, mutually acceptable socializing, and/or discussions that may lead to differences of opinions.
Individuals reporting an incident under this policy will not be penalized or disciplined for reporting an incident. In the case where conflict arises that is not related to workplace harassment, sexual harassment, discrimination, bullying or violence, we encourage all to refer to the Employee Handbook: Conflict Resolution Policy.
The purpose of the Respectful Workplace Policy is to:
Maintain a working environment that is free from all types of workplace harassment, sexual harassment, discrimination, bullying and workplace violence.
To alert all to the fact that any types of workplace harassment, sexual harassment, discrimination, bullying, and violence is against the law.
To set out types of behaviors that may be considered offensive and unwelcomed.
To establish a process for informal complaints and formal complaints that would fall under this Policy - to establish which behaviors must be reported under the law.
To provide examples of steps that should be taken towards maintaining a working environment in which all employees treat each other with mutual respect.
To ensure that respectful and professional behavior that matches the company’s core values are modelled at all times.
To explain that reasonable behaviors that do not violate this policy can be used to delegate, schedule, assess/evaluate, or implement policies with employees.
In addition, PLAEX Building Systems Inc. is extending its’ Respectful Workplace Policy - regarding hiring decisions, employment opportunities and promotions - to emphasize that these decisions are based solely on merit and/or performance of the employee and the employee’s qualifications. These HR related processes follow equal opportunity practices to ensure such decisions are free from barriers to those populations that are marginalized.
Commencement of Policy
This policy will commence on March 1, 2023. This policy replaces any other related policies in writing or stated verbally. Please also refer to Conflict Resolution Policy.
Application of Policy
This policy applies to all employees, managers, supervisors, agents, contractors, or anyone who is working with or representing PLAEX Building Systems Inc.
This policy is not limited to the physical workplace (in-person or virtual) and does not end after standard working hours. This policy extends to all functions and places that are work related. This includes but is not limited to conferences, job-fairs, interviews, work related lunches, work related parties and client meetings (in-person or virtual). It is expected that employees and others who are working with or may represent PLAEX Building Systems Inc. will act in a way that positively represents the company, demonstrates the company’s core values and does not harm the reputation of the company.
Respectful Workplaces is defined as Behaviors that display:
Personal integrity and professionalism
Practices of fairness and understanding
Mutual respect
Healthy discussions that demonstrate respect for individuals’ rights and differences
An embracement of diversity and inclusion which encourages accountability for one’s actions.
Harassment and Discrimination is defined but is not limited to:
Any improper behaviors by any person employed with PLAEX Building Systems Inc. that is directed to any other employee(s) which a person ought to know or reasonably known to have been unwelcomed. The behavior is considered to be harassment or discrimination if the person expresses they are uncomfortable with the behavior, yet it continues. Even if the person is not originally aware that his/her behavior is unwelcomed – if they are informed that it is unwelcomed, and a reasonable person in the same situation would have known that the behavior was unwelcomed, then that person “ought to reasonably have known” that his/her behavior was unwelcomed.
All workplace harassment as defined by the New Brunswick and Nova Scotia Human Rights Acts, relevant to the employee’s work location and travels.
Any actions and/or verbal comments that are known or that ought to be reasonably known to be unwelcomed.
NOTE:
· Sexual Harassment under relevant laws falls under both Workplace Violence and Harassment.
· Harassment can be personal, verbal, physical, written, or include graphic material, avoidance or exclusion, toxic work environments, abuse of authority, and discrimination based on the protected grounds and/or characteristics.
Sexual Harassment can be engaging in a course of action that ought to be known to be unwelcome in a sexual context.
Examples
Asking for sex in exchange for favors
Repeatedly asking for dates and not taking no for an answer
Demanding hugs
Unnecessary physical contact
Derogatory names
Sexual jokes
Sharing sexual pictures or videos
Bragging about sex,
Forcing sexual behaviors upon employees when you are the Manager
Discrimination is any practice or standard that is not necessary that has effects on others, whether intended to or not, placing others at a disadvantage because of personal characteristics such as race, sex or religion - based on stereotypes, and views that they are less capable or less worthy. It is recognized that discrimination may fall under direct or indirect forms:
Direct Discrimination – When a person is treated less favorably because of protected characteristics or by someone they associate with whether the perception is accurate or not.
Examples
An employee refusing to work with a person because of his/her race.
Using a nickname like ‘sweetie pie’ for a co-worker because they are female.
Indirect discrimination – This can be less obvious and is often unintended - but would be discriminatory when applied to protected characteristics, placing the person at a disadvantage.
Example
A manager advising an employee that has a disability to do a task outside their normal job requirements and that they may not be capable of.
Workplace Violence is defined as but not limited to:
Occupational Health and Safety Regulations for New Brunswick defines a healthy workplace to be free from harassment, bullying and workplace violence “any occupational conduct that ought reasonably to be known to be unwelcomed” and defines these as acts that are “bullying, physical violence, verbal abuse, sexual harassment, and other threatening behaviors”
Occupational Health and Safety Regulations for Nova Scotia defines workplace violence as “threats, including a threatening statement or threatening behavior that gives an employee reasonable cause to believe that they are at risk of physical injury” and “conduct or attempted conduct of a person that endangers the physical health or physical safety of an employee”.
Any threat directed by or at an employee and interpreted as such, with the potential to harm or endanger the safety of the employee(s) or others, - as well as incidents related to intimate partner violence that may take place at work.
Examples of workplace violence can be behaviors that involve physical force by a person with intent to hurt, damage, or kill someone or something, as well as sexual harassment. NOTE
All incidents of workplace violence or potential threat of workplace violence must be formally reported as set-forth in this policy.
Rights and Responsibilities
PLAEX Building Systems Inc. recognized that Management has the primary responsibility for ensuring a safe work environment which is free of workplace harassment, sexual harassment, bullying, discrimination, and violence. Management will investigate and deal with all incidents and complaints in a timely manner after becoming aware of them. PLAEX Building Systems Inc. will investigate all formal complaints of harassment, sexual harassment, bullying, discrimination, and violence and ensure appropriate document of all complaints. Management will also ensure that appropriate training and handling of complaints are confidential and that appropriate corrective action will be conducted.
There will be no remedial action taken or penalties imposed in relation to the Respondent - unless a ‘bad faith’ complaint was brought forward.
A designate by PLAEX Building Systems Inc. will conduct all investigations and ensue this party is impartial and trained to conduct investigations.
Seeking Immediate Assistance
The Criminal Code encompasses violent acts, threats, and behaviours (such as stalking). The police should be contacted immediately when an act of violence has occurred in the workplace or when someone in the workplace is threatened with violence. If an employee feels threatened at work, an immediate call to the police is required.
Supervisors: Have authority to prevent or discourage harassment & violence and may be held accountable for failing to do so. Failure to act may be interpreted as condoning misconduct. This accountability extends to anyone in management or supervisory positions. Managers and Supervisors are responsible for:
Establishing and maintaining a workplace that is free from harassment, sexual harassment, bullying, discrimination and violence;
Refusing to condone harassment, sexual harassment, bullying, discrimination and violence;
Ensuring that no employee is instructed to discriminate against, bully, harass / sexually harass or become violent against another employee or participate in such acts;
Ensuring that employees are aware of their rights and responsibilities under this policy and of the mechanisms that are in place to investigate and resolve harassment, sexual harassment, bullying, discrimination, or violence complaints;
Taking proper steps when approached by a Complainant. When a complaint or accusation is received, the manager and/or supervisor shall:
a) Inform the Complainant that they may speak to Human Resources, to discuss the various options available or to draft a formal complaint if necessary.
b) Advise Complainants that the Respondent(s) will be made aware of the complaint.
c) Intervene on the Complainant’s behalf, if required, to inform the Respondent of the allegations and seek some type of resolution.
d) Advise the Respondent(s) that they may speak to Human Resources to clarify options and ramifications of options.
e) Keep all information confidential of all parties and witnesses and cooperate with investigations, if a formal complaint is in place.
Complainant: An employee has the right to file a complaint and to obtain a review of that complaint without fear of retaliation through the procedures established according to this policy.
Employees are encouraged to make their feelings of harassment, discrimination or workplace violence known to the Respondent immediately by advising the Respondent that the behavior is not welcomed, is offensive and must cease immediately.
If circumstances are such that advising the Respondent in person is uncomfortable or threatening, the Complainant may make the cause known by letter.
Where the Complainant does not wish to bring the matter to the attention of the Respondent, or where such an approach has been attempted and did not produce asatisfactory result, the Complainant may approach the Supervisor to seek advice on other options.
Employee should maintain a record of their complaint for future reference. This record should include times, dates, witnesses and the nature of the behavior.
Employees should cooperate fully with all stages of formal and/or informal process, including an investigation process.
Employees can seek advice from immediate supervisor or Human Resources.
Respondent: Employees against whom a complaint has been lodged are entitled to and shall:
Be informed as soon as practical that a complaint has been filed.
Be presented with a statement of allegations and be afforded an opportunity to respond to them.
Have the right to speak to an impartial advisor, to review options.
Cooperate fully with all stages of the mediation and/or investigation process.
Witnesses: Those who have seen part or all of the incident take place.
Employees who are witnesses are obligated to meet with the Manager/Supervisor and/or the Investigators and to cooperate with all those responsible for the investigation of the complaint.
No employee shall be subject to retaliation because that employee has participated as a witness.
Employees are obliged to maintain confidentiality with respect to the investigation.
Human Rights Commission: Employees have the right to file a complaint with the appropriate Human Rights Commission. A complaint must be filed within twelve months of the last incident. The contact details of the Commissions are:
Government of New Brunswick Human Rights Commission: 500 Beaverbrook Court, Suite 100, P0 Box 6000, Fredericton, NB, E3B 5H1 Telephone 506-453-8231 Toll Free: 1-888- 471-2233 or email hrc.cdp@gnb.ca
Government of Nova Scotia Human Rights Commission: 5657 Spring Garden Road, Park Lane Terrace, 3rd Floor, Suite 305, PO Box 2221, Halifax, NS B3J 3C4. Telephone: 902-424- 4111 Toll free: 1-877-269-7699 Fax: 902-242-0596 E-mail: hrcinquiries@novascotia.ca
Investigators:
Investigators are qualified individuals who:
Are selected in house or from a third-party firm and are impartial in their investigations. They are trained to conduct investigations into workplace harassment, sexual harassment, bullying, discrimination and violence.
Have the responsibility to present findings to the Founder and CEO as noted in this policy.
The rights and responsibilities of the Investigators include:
Acceptance and review of all complaints filed as a result of workplace harassment, sexual harassment, discrimination, bullying or violence.
Informing the Complainant and the Respondent as soon as possible that the complaint is being investigated.
Investigating complaints including interviewing all witnesses as well as the Complainant(s) and the Respondent(s).
Keeping the Founder and CEO apprised of the investigation; its progress; and, its resolutions.
Where the investigator feels that the matter requires Criminal Code, the Complainant has the right to choose whether or not to lodge a complaint with the police.
Procedures:
1. Informal Resolution Stage
Informal resolution of complaints is encouraged. An employee may request the assistance of his or her supervisor or any other person in the informal resolution of an informal complaint under this Policy. This approach may include a mediation process to assist the parties in voluntarily reaching an acceptable solution. Any employee who feels that he/she has been subjected to harassment, sexual harassment, bullying, discrimination, or retaliation for having brought forward a complaint is encouraged to communicate his or her concerns directly to the Respondent by telling the person that the behavior is unwelcomed and must stop.
This communication may take one of the following forms:
a) verbally, preferably in the presence of a witness;
b) in writing, preferably by registered mail keeping a copy of the letter and registered mail receipt;
c) Where the Complainant does not wish to bring the matter to the attention of the Respondent, or where such an approach has been attempted and did not produce a satisfactory result, the Complainant may approach their supervisor, Human Resources Contact or President and CEO to seek advice on other topics.
If the Informal Resolution Stage is not successful or if the situation warrants omission of this stage, the President and CEO or Human Resources Contact will provide information on the Formal Resolution Process.
2. Formal Resolution Stage
Any employee may choose the formal resolution process - either as a first step or if the informal resolution process was not successful. Although the employer is committed to responding to all complaints, it is recognized that complaints must be filed within a reasonable time.
To proceed to the Formal Resolution Stage, the detailed complaint must be submitted in writing. It should give an accurate account of the incident(s) of harassment, sexual harassment, bullying discrimination and/or violence including times, places and parties involved. When completed, the complaint is submitted to the President and CEO.
Reporting Procedure:
An employee may make a formal complaint which will include the following information:
The date and time of each incident;
The name of the persons involved in the incident;
The name of any person who witnessed the incident; and
A full description of what occurred.
Investigating Procedure:
Once a formal complaint has been received, PLAEX Building Systems Inc. will complete a thorough investigation. Should PLAEX Building Systems Inc. determine that there is no in-house qualified investigator, it will seek out the assistance of a third party, impartial investigator.
Employees will not be demoted, dismissed, disciplined, or denied a promotion, advancement, or employment opportunity because they lodged a complaint. For the purposes of this section, the following definitions apply:
Complainant: The person who has made a complaint about another individual whom they believe committed an act of workplace harassment, sexual harassment, bullying, discrimination or violence against them.
Respondent: The person whom another individual has accused of committing an act of workplace harassment, sexual harassment, bullying, discrimination or violence.
The investigation will include:
Informing the Respondent of the Complaint.
Interviewing the Complainant and/or any persons involved in the incident, and any identified Witnesses.
Interviewing any other persons who may have knowledge of the incident.
Statements from all parties involved will be taken and a decision will be made. Should PLAEX Building Systems Inc. select a third party, impartial investigator, the investigation report will be
provided to the company with recommendations which could include prevention recommendations, workplace culture initiatives (after an investigation), training recommendations and/or organizational activities to rebuild trust.
Where it is determined that workplace violence and/or harassment has occurred, a written report of the remedial action taken will be given to the employees concerned.
A copy of the complaint, detailing the Complainant’s allegations, shall be provided to the Respondent and shall state that:
a) The Respondent is invited to reply in writing to the Complainant’s allegations.
b) The reply will be made known to the Complainant before the case proceeds.
c) PLAEX Building Systems Inc. will take all measures to prevent any unnecessary disclosure of the incident and the identities of the parties.
d) The employee has the right to be accompanied by a support person if requested during the investigation process, as long as the support person is not in conflict with the investigations (e.g., not a witness).
e) The employees have the right to be informed of the results of the investigation and confidentiality
f) The employees have a right to a speedy resolution
If the Complainant decides not to lay a formal complaint, the organization has the right to consult the accusation, and the organization may decide that a formal complaint is required. This formal complaint will be based on the investigation of the incident and will file such documents with the persons against whom the complaint is laid. If workplace violence and/or harassment has occurred, appropriate disciplinary measures will be taken immediately.
Other Circumstances
If PLAEX Building Systems Inc. is aware that domestic violence is likely to expose an employee or the workplace to harassment, violence, injury, or risk, management will take every reasonable precaution to protect the individual and the workplace.
If any employee or visitor to PLAEX Building Systems Inc. is seen with a weapon or is known to possess one while at a company location AND makes a verbal threat or a non-verbal threat (branding a weapon, pointing a weapon) against another employee or individual, witnesses must immediately contact the police.
Acting in Bad Faith
It is important to realize that unfounded or frivolous allegations related to harassment, sexual harassment, bullying, discrimination, or violence may cause both the accused person and the company significant damage. Making a false complaint or providing false information about a complaint is strictly prohibited and a violation of this policy. If PLAEX Building Systems Inc. determines that any employee has knowingly made a false statement regarding an allegation of
workplace harassment, sexual harassment, bullying, discrimination and violence, immediate disciplinary action will be taken, up to and including possible termination.
Disciplinary Measures
If PLAEX Building Systems Inc. determines that any employee has been involved in the workplace harassment, sexual harassment, bullying, discrimination, or violence of another employee, immediate disciplinary action will be taken, up to and including immediate dismissal without notice.
Any disciplinary action will be determined by the company and will be proportional to the seriousness of the behavior or action concerned. PLAEX Building Systems Inc. will also provide appropriate assistance and support to any employee who is a victim of workplace harassment, sexual harassment, bullying, discrimination and violence.
Confidentiality
All information regarding harassment, sexual harassment, bullying, discrimination, or violence complaints shall remain confidential, at all levels. This confidentiality clause includes, but is not limited to, all files, notes, memos, correspondence, and the identities of the Complainant and Respondent. Information will not be disclosed except as required by law.
An employer shall not disclose to any person the identity of a person who is involved in an incident, or the circumstances related to the incident, other than when the disclosure is:
a) Necessary in order to investigate the incident.
b) Required in order to take corrective measures in response to the incident,
c) Required by law.
No Retaliation
Retaliation in any form against any party involved in a harassment, sexual harassment, bullying, discrimination, or violence investigation is strictly prohibited. For the purposes of this policy, retaliation against an employee could include:
1. For having invoked the policy (whether on behalf of him or herself, or another individual), or;
2. For having been identified as the Respondent, or;
3. For having participated or cooperated in any investigation under this policy, or;
4. For having been associated with a person who has invoked this policy or participated in these proceedings.
Employee Inquiry
At any time, should an employee be unclear and wishes to inquire about a situation related to possible workplace harassment, sexual harassment, bullying, discrimination or violence they can contact Steve Doiron, Human Resources by phone: 506-654-8231 or email: humanresources@plaex.ca
Policy Approved by:
Dustin Bowers
Founder & CEO
NOTE
This policy is required to be reviewed and read by all employees once per year.
To confirm that you have read this policy, please click
HERE, and fill out the online form.
