Policy On Harassment Prevention and Resolution Briefing to

Policy On Harassment Prevention and Resolution Briefing to UMCC HR Sub. Committee 6 December 2012 Samuel Potvin, Senior Policy Officer, Director Civilian Labour Relations ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 1

Outline • Treasury Board Secretariat Policy and Directive – Changes – Requirements • DND/CF review of DAOD 5012 and Guidelines – Review Steps and Timelines ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 2

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. ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 3

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 ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 4

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 ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 5

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. ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 6

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 complaint to 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… ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 7

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. ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 8

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 ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 9

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 ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 10

DND and CF’s DAOD 5012 review steps and timelines cont… • Step 3: Present draft to Stakeholders for review – List of Stakeholders for civilians: • • L 1 Organisation Bargaining Agents/Unions DGADR DEP DND Managers Network EE Advisory Groups Youth Network – Plan to have this step completed by end of January ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 11

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 ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 12

Questions? ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 13