Rural Municipality of West Interlake, Manitoba
· adopted 2020-09-29
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RM of WEST INTERLAKE
Workplace Harassment Prevention Policy
Subject: Workplace Harassment Prevention Policy Policy No. 3-2020
Effective Date: September 29, 2020 Resolution No.: 2020-444
Replaces Policy: N/A Resolution Date: September 29, 2020
Review Date: December 2022
1
Intent
The Rural Municipality of West Interlake is committed to building and preserving a safe, productive and healthy
working environment for its employees based on mutual respect. In accordance with Manitoba's Workplace Safety
and Health Regulation with respect to violence and harassment in the workplace, the Rural Municipality of West
Interlake does not condone or tolerate acts of harassment against or by any employee. The Rural Municipality of
West Interlake believes that every employee is entitled to work free of harassment.
Definitions
In accordance with workplace rights set out under the Human Rights Code, every employee has a right to freedom
from harassment in the workplace by the employee, agent of the employer, by another employee or by members of
the public because of:
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race, creed, religion, colour
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sex, sexual orientation, gender-determined characteristics, gender identity
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marital status, family status, source of income
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political belief, political association, political activity
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disability, physical size or weight
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age, nationality, ancestry or place of origin
Harassment
Inappropriate conduct by a person on the basis of one of these protected grounds is considered harassment under
the Manitoba legislations.
Under the legislation the other types of harassment are those behaviours or actions which have an adverse effect on
a worker's physiological or physical wellbeing. This may be a repeated offence or a single occurrence which has a
lasting effect. This type of behaviour is sometimes known as bullying and is considered unacceptable by the RM of
West Interlake.
Harassment is still considered a workplace matter even if it takes place out of the physical work environment and/or
during "off" hours.
RM of WEST INTERLAKE
Workplace Harassment Prevention Policy
Subject: Workplace Harassment Prevention Policy Policy No. 3-2020
Effective Date: September 29, 2020 Resolution No.: 2020-444
Replaces Policy: N/A Resolution Date: September 29, 2020
Review Date: December 2022
2
Reasonable Conduct
Reasonable actions by managers designed to help manage or guide workers such as reviews, counselling and
processes outlined in our discipline procedures are not considered to be harassment.
Guidelines
The RM of West Interlake's Workplace Harassment Prevention Policy is not intended to discourage or prevent any
complainants from exercising any other legal rights under any other law.
Further, the intent of the Workplace Harassment Prevention Policy is not to stop free speech or to interfere with
everyday interactions; however, what one person finds offensive, another may not.
Harassment can be distinguished from normal, mutually acceptable socializing. It is important to remember that it is
the perception of the receiver of the potentially offensive message that determines whether something is
acceptable or not (be it spoken, a gesture, a picture or some other form of communication which may be deemed
objectionable or unwelcome).
Application of this Policy
The RM of West Interlake will ensure as much as is possible that no employees are subjected to harassment during
their course of work with the RM of West Interlake. We will not tolerate any form of harassment or discrimination
against any individual, including job candidates, employees, managers, or clients, on any grounds. This commitment
applies to such areas as training, performance, assessment, promotions, transfers, layoffs, remuneration, and all
other employment practices and working conditions.
Every RM of West Interlake employee shall be held personally accountable and responsible for enforcing this policy
and must make every effort to prevent discrimination and/or harassing behaviour. As such, employees must report
every incident of harassment immediately -- whether it was observed, happened to them personally, or if the
problem was reported to them.
Reporting Procedures
Informal Procedure
If you believe you have been harassed you may:
-
Confront the harasser personally, or in writing, clearly stating the unwelcome behaviour/action and
requesting that it stop immediately; or
RM of WEST INTERLAKE
Workplace Harassment Prevention Policy
Subject: Workplace Harassment Prevention Policy Policy No. 3-2020
Effective Date: September 29, 2020 Resolution No.: 2020-444
Replaces Policy: N/A Resolution Date: September 29, 2020
Review Date: December 2022
3
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Discuss the situation with the harasser's supervisor, your supervisor or any other supervisor.
Any employee who feels discriminated against or harassed can and should, in all confidence and without fear of
reprisal, personally report the occurrence to his/her supervisor or a manager.
Formal Procedure
If you believe you have been harassed you may make a written complaint to the management team. The written
complaint must be delivered to Courtney Roehl, Chief Administrative Officer and include the following information:
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The date and time of each incident you wish to report.
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The name of the person(s) involved in the incident(s).
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The name of any person or persons who witnessed the incident(s).
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A full description of what occurred.
Once a written complaint has been received, the RM of West Interlake will complete a thorough investigation.
Harassment should not be ignored as silence can, and often is, interpreted as acceptance. Employees will not be
demoted, dismissed, disciplined or denied a promotion, advancement or employment opportunities because they
rejected sexual advances or because they lodged a complaint when they honestly believed they were being harassed
or discriminated against.
The investigation will include:
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Informing the accused of the complaint.
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Interviewing the complainant, any person(s) involved in the incident and any identified witnesses.
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Interviewing any other person(s) who may have knowledge of the incident(s) complaint.
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Statements from all parties involved will be taken and a decision will be made.
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If necessary, the RM of West Interlake may employ outside assistance or request the use of our legal
counsel.
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Where it is determined that harassment has occurred, a written report of the remedial action will be given
to the employees concerned.
RM of WEST INTERLAKE
Workplace Harassment Prevention Policy
Subject: Workplace Harassment Prevention Policy Policy No. 3-2020
Effective Date: September 29, 2020 Resolution No.: 2020-444
Replaces Policy: N/A Resolution Date: September 29, 2020
Review Date: December 2022
4
A copy of the complaint, detailing the complainant's allegations, shall be provided to the respondent(s) and contain
the following information:
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The respondent is invited to reply in writing to the complainant's allegations.
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The reply will be made known to the complainant before the case proceeds.
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The RM of West Interlake will take all measures to prevent any unnecessary disclosure of the incident and
the identities of the parties.
If the complainant decides not to lay a formal complaint, Senior Management may decide that a formal complaint is
required, which will be based on the investigation of the incident, and will file such document(s) with the person(s)
against whom the complaint is laid.
If it is determined that personal harassment has occurred, appropriate disciplinary measures will be taken
immediately.
In addition to the steps taken by the RM of West Interlake, employees reserve the right to file a complaint with the
Manitoba Human Rights Commission. This complaint is required to be made within six (6) months of the date of the
last incident.
Disciplinary Measures
If it is determined by the municipality that any employee has been involved in the harassment or discrimination of
another employee, immediate disciplinary action will be taken, up to and including immediate dismissal without
further notice
Fraudulent/Malicious Complaints
It is important to realize that unfounded/frivolous allegations of personal harassment may cause both the accused
person and the municipality significant damage.
Making a false complaint or providing false information about a complaint is strictly prohibited and a violation of this
Policy. If it is determined by the municipality that any employee has knowingly made a false complaint regarding an
allegation of harassment or discrimination, immediate disciplinary action will be taken up to and including
termination.
RM of WEST INTERLAKE
Workplace Harassment Prevention Policy
Subject: Workplace Harassment Prevention Policy Policy No. 3-2020
Effective Date: September 29, 2020 Resolution No.: 2020-444
Replaces Policy: N/A Resolution Date: September 29, 2020
Review Date: December 2022
5
Confidentiality and Legal Compliance
All records of harassment, and subsequent investigations, are considered confidential and will not be disclosed to
anyone except to the extent required by law. The RM of West Interlake will do everything it can to protect the
privacy of the individuals involved and to ensure that complainants and respondents are treated fairly and
respectfully.
This policy has not been created to discourage employees from exercising all other legal rights afforded to them
under any other law.
In cases where criminal proceedings are forthcoming, the RM of West Interlake will assist police agencies, lawyers,
insurance companies, and courts to the fullest extent.
Any disciplinary action will be determined by the municipality and will be proportional to the seriousness of the
behaviour/action concerned. The RM of West Interlake will also provide appropriate assistance to any employee
who is a victim of discrimination or harassment.
Employee Rights
As stated in the Manitoba Workplace Safety and Health Regulation in regards to workplace harassment, every
employee has the following rights:
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The right to work free of harassment, and;
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The right to file a complaint with the Manitoba Human Rights Commission.
As legislated, any complaint filed must be made within six months of the date of the last incident of harassment.
Roles in Maintaining a Positive Work Environment
The RM of West Interlake and all employees have the following responsibilities in the workplace. We shall
continuously endeavour to eliminate and prevent harassment and discrimination in the workplace and trust that all
of our employees will assist in this elimination and prevention.
Employer's Role
-
The RM of West Interlake must ensure as much as practical, that no employees are subjected to harassment
in the workplace.
RM of WEST INTERLAKE
Workplace Harassment Prevention Policy
Subject: Workplace Harassment Prevention Policy Policy No. 3-2020
Effective Date: September 29, 2020 Resolution No.: 2020-444
Replaces Policy: N/A Resolution Date: September 29, 2020
Review Date: December 2022
6
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The RM of West Interlake will ensure to take corrective action regarding any employee who harasses
another employee.
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The RM of West Interlake will not disclose the name of any complainant or alleged harasser, or the
circumstances of the complaint to anyone except where disclosure is:
o Necessary to investigate the complaint or take corrective action, or;
o Required by law.
Employee's Role
If you are a co-worker who has witnessed discrimination/harassment in the workplace:
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Inform the harassed person that you have witnessed what you believe to be discrimination/harassment and
that you find it unacceptable. Support is often welcome. If that person does not feel that they have been
discriminated against or harassed, then the incident shall be considered closed.
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Inform the harasser(s) that you have witnessed the act(s) and find it unacceptable.
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Encourage the discriminated or harassed person to report the incident to his/her Manager.
Management's Role
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Management is legally responsible for creating and maintaining a discrimination and harassment-free
workplace.
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Managers must be sensitive to the climate in the workplace and address potential problems before they
become serious.
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If a manager becomes aware of harassment in the workplace and opts to ignore it, the Manager and the RM
of West Interlake risk being named co-respondent in a complaint and may be held liable in legal
proceedings.
When an employee has asked his/her manager to deal with a discrimination or harassment incident, the manager
will:
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Support the employee without prejudices or bias.
RM of WEST INTERLAKE
Workplace Harassment Prevention Policy
Subject: Workplace Harassment Prevention Policy Policy No. 3-2020
Effective Date: September 29, 2020 Resolution No.: 2020-444
Replaces Policy: N/A Resolution Date: September 29, 2020
Review Date: December 2022
7
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Work with the employee and document the offensive action(s).
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Have the employee sign a complaint.
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Contact his/her superior and/or senior management and provide details of the incident on behalf of the
employee.
Acknowledgement and Agreement
I, (Employee Name), acknowledge that I have read and understand the Workplace Harassment Policy of the Rural
Municipality of West Interlake. Further, I agree to adhere to this policy and will ensure that employees working
under my direction adhere to this policy. I understand that if I violate the rules/procedures outlined in this policy, I
may face disciplinary action, up to and including termination of employment.
Name:
____________________________________
Signature:
____________________________________
Date:
____________________________________
Witness:
____________________________________