08-12 Workplace Harassment Flashcards
What is the Rationale?
The Toronto Police Services Board (Board) and the Toronto Police Service (Service) are committed to providing a workplace that is free of discrimination and harassment to all its members. The Occupational Health & Safety Act (OHSA) legislates that workers are provided a workplace that is free of harassment.
What is the Supervision?
- Supervisory Officer attendance mandatory for any incident of workplace harassment
- Supervisory Officer, Officer in Charge and Unit Commander notification mandatory for any incident of workplace harassment
Procedure
The Service is committed to the delivery of police services that are fair, respectful, unbiased, and in line with the OHSA and its provisions that are designed to
protect workers from workplace harassment. The definition of workplace harassment under the OHSA is broader than the definition contained in the Ontario Human Rights Code (Code).
Freedom from Reprisal
Members SHALL not_____any person who makes a report or complaint about their conduct or the conduct of another Service member. Any member who, in good faith, reports a breach of Service or Legislative Governance or an act of misconduct SHALL not be ____.
harass, intimidate, retaliate or threaten to retaliate against
subject to reprisal for making such report
Confidentiality
Members who, by virtue of their positions, are privy to information or in possession of documentation pertaining to a workplace harassment complaint SHALL
hold such information in strict confidence. This SHALL include refraining from discussions or releasing information, in any form, beyond that outlined in this Procedure, or as required by law.
Member responsibilities?
- Members SHALL immediately report any incident of workplace harassment to any supervisor.
- Members SHALL not harass, intimidate or retaliate against any member who reports workplace harassment
- Every member has the right to protection from workplace harassment without reprisal or fear of reprisal. A complaint of workplace harassment that is vexatious or malicious in nature may result in discipline.
Supervisor
- Upon becoming aware of any incident of workplace harassment SHALL
- maintain confidentiality
- report any incident of workplace harassment to the Officer in Charge
- commence an investigation
- speak to the member initiating the complaint in private
- when the harassment is intimate partner violence related or includes a prohibited ground under the Code, comply with Procedures
- if an arrest is made, comply with Procedures
- take all reasonable precautions necessary for the protection of the member
- A police officer cannot refuse to work when the work is a normal condition of the worker’s employment or when the refusal to work would directly endanger the life, health or safety of another person.
- Reasonable precautions necessary for the protection of the member may include the re–assignment to reasonable alternative duties
- protect any complainant or witness from reprisal
- Every member has the right to protection from workplace harassment without reprisal or fear of reprisal. A complaint of workplace harassment that is vexatious or malicious in nature may result in discipline.
Supervisor
- When the source of the workplace harassment is external to the Service SHALL
ensure the applicable eReports are completed prior to the completion of the tour of duty, if applicable.
Officer in Charge / Designate
- Upon becoming aware of any incident of workplace harassment SHALL
- maintain confidentiality
- speak to the complainant in private, if the complaint has not already reported the matter to a supervisor
- take every reasonable precaution necessary for the protection of the member
Officer in Charge / Designate
- When the source of the workplace harassment is external to the Service SHALL
- ensure the applicable eReport numbers are provided to the involved member’s Unit Commander and the Unit Commander – Professional Standards prior to the completion of the tour of duty
Unit Commander / Designate
- Upon becoming aware of any incident of workplace harassment SHALL
- maintain confidentiality
- speak to the complainant in private, if the complaint has not already reported the matter to a supervisor
- ensure all reasonable precautions necessary for the protection of the member are taken
- any complainant or witness is protected from reprisal
Definitions 08-12
Workplace Harassment means
engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome, or workplace sexual harassment. Harassment may be a one (1) time incident or repeated incidents. Workplace harassment does not include discipline or performance management.
Workplace Sexual Harassment means
engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.
