Last Updated: April 9, 2022
SCHEDULE “C”
RESPECTFUL WORKPLACE POLICY
The GRAND is committed to providing its employees with a workplace that is safe and free from discrimination, harassment, and bullying. The GRAND seeks to provide a workplace with a professional atmosphere in which all are treated with dignity and respect. The maintenance of such an environment is a responsibility shared by the Licensee and any/all of its agents, contractors, and employees and each agent, contractor, and employee of The GRAND. Therefore, all agents, contractors, and employees of the Licensee and The GRAND are expected to contribute to an environment free of bias, prejudice, harassment, and bullying.
The GRAND does not condone or tolerate harassment, bullying, or discrimination of any kind. All complaints of harassment, bullying, or discrimination will be taken seriously, whether they are made formally or informally. We will undertake to act on all complaints to ensure that they are resolved quickly, confidentially, and fairly. At the same time, false and frivolous complaints will not be tolerated.
Nothing in the policy is intended to discourage or prevent one from exercising any legal right pursuant to any law including the Alberta Human Rights Act and the Employment Standards Code.
1. DEFINITIONS
“Bullying” is a repeated pattern of negative behaviour aimed at a specific person or group, and can involve harassment or discrimination. Although it may include physical abuse or the threat of abuse, workplace bullying often involves rudeness, hostility, and intimidation.
“Discrimination” is any unwelcome or objectionable conduct, comment, display or behavior that is directed at an individual; that is made on the basis of the individual’s race, religious beliefs, color, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, sexual orientation or any other protected grounds that detrimentally affects the work environment or leads to adverse job-related consequences for the individual.
“Disrespectful Workplace Behaviour” is a single incident or repeated incidents which are objectionable and/or unwelcome to an individual. Such behaviour serves no valid work-related purpose and can create a hostile or poisoned work environment. Disrespectful behaviour is:
Conduct, comments, actions or gestures which are humiliating, offensive, hurtful or belittling.
Hostile or unwanted.
Affecting an employee’s dignity, wellbeing or physical integrity.
Examples of disrespectful workplace behaviour are:
Written or verbal comments, actions, gestures or other behaviours or “jokes” which are humiliating, offensive, hurtful or belittling.
Bullying or intimidation.
Abusing authority.
Yelling or shouting.
Deliberately excluding an employee from relevant work activities or decision making.
Attempting to discredit an employee by spreading false information about them.
“Harassment” is any objectionable or inappropriate conduct, comment or action by a person towards a worker that the person knew, or reasonably ought to have known, would cause that person to be humiliated or intimidated. It can be verbal or physical conduct which has the purpose or effect of either interfering with an individual’s work performance or of creating an intimidating, hostile or offensive work environment. Harassment can be:
directed at an individual or group of individuals;
made on the basis of race, religious beliefs, color, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation; and
behaviour that threatens the health or safety of the individual.
Harassment may include, but is not limited to, derogatory remarks, offensive jokes, the display or circulation of offensive printed or visual material or offensive physical actions.
“Sexual harassment” means any behavior or action of a sexual nature that:
abuses, humiliates or undermines the personal dignity of an individual, endangers the well-being and security of an individual, interferes with work performance, or creates an intimidating or hostile environment; and
is made by a person who knows, or ought reasonably to know, that such behavior or action is unwelcome.
Sexual harassment may include, but is not limited to, unwelcome sexual advances, requests for sexual favours, gender-based insults and taunting, the display of sexually explicit and offensive pictures or material, unnecessary and unwanted touching, and leering or whistling in a suggestive way.
Sexual harassment also includes:
unwanted sexual advances including:
sexually graphic comments or epithets; derogatory gestures or looks; unwanted sexual flirtations or propositions; unnecessary/unwanted physical contact; threats of harm or violence; slurs; derogatory or demeaning posters, cartoons, graffiti or drawings; offensive jokes, email or voicemail; or display of sexually suggestive pictures.
implied or expressed promises of reward or benefit for complying with a sexually oriented request.
implied or expressed threats of reprisal in the form of either actual reprisal or denial of opportunity for refusal to comply with a sexually oriented request.
“Workplace Violence” is any act in which a person is abused, threatened, intimidated, or assaulted in his or her employment. Workplace Violence includes:
Threatening behaviour – such as shaking fists, destroying property or throwing objects.
Verbal or written threats – any expression of an intent to inflict harm.
Harassment – any behaviour that demeans, embarrasses, humiliates, annoys, alarms, or verbally abuses a person and that is known or would be expected to be unwelcome. This includes words, gestures, intimidation, bullying or other inappropriate activities.
Verbal abuse – swearing, insults or condescending language.
Physical attacks – hitting, shoving, pushing or kicking.
Rumours, swearing, verbal abuse, pranks, arguments, property damage, vandalism, sabotage, pushing, theft, physical assaults, psychological trauma, and anger-related incidents are all examples of workplace violence.
Workplace violence is not limited to incidents that occur within a traditional workplace. Work-related violence can occur at off-site business-related functions (conferences, etc.), at social events related to work, in clients’ homes or away from work but resulting from work.
2. REPORTING
The GRAND will acknowledge receipt of a reported violation or suspected violation within five (5) business days. The GRAND will notify the alleged offender(s) of the circumstances of the complaint and undertake a confidential investigation. The investigation may include individual interviews with the parties involved and with individuals who may have observed the alleged conduct or may have other relevant knowledge.
3. RETALIATION
The GRAND prohibits retaliation against any individual who reports discrimination, harassment, or bullying, or participates in any investigation. Retaliation against an individual for reporting harassment, discrimination, or bullying, or for participating in an investigation of a claim of harassment, discrimination, or bullying is a serious violation. If an agent, contractor, or employee is the alleged retaliator(s), then disciplinary or other action will be taken. If an agent, contractor, or employee of the Licensee is the alleged retaliator(s), then they may be removed from The GRAND, banned from The GRAND, the organization they represent banned from The GRAND, or some combination.
4. RESOLVING COMPLAINTS
Following the conclusion of the investigation, The GRAND will inform the complainant and the alleged offender(s) of the results of the investigation.
Where a discrimination, harassment, bullying, or retaliation complaint has been substantiated, The GRAND will take appropriate steps to investigate the complaint. This may include retaining the services of an outside third-party investigator. Corrective actions commensurate with the circumstances will be taken.
Where discrimination, harassment, bullying or retaliation has not been substantiated, no action will be taken against an individual who has made a complaint in good faith. Where a complaint is proven to be fraudulent, frivolous, or malicious (as distinct from unfounded or unsubstantiated), then corrective actions commensurate with the circumstances will be taken.
5. PROTECTING THE PARTIES
The GRAND will not disclose the identities of the complainant, the respondent, any witnesses, or the circumstances of the complaint, except where disclosure is necessary for the purposes of investigating or taking action in relation to the complaint, or where disclosure is required by law.
6. CONTRAVENTION
Any contravention of any aspect of the Respectful Workplace Policy by the Licensee, including by any agent, employee, or contractor of theirs, that has been investigated and is found, or is deemed to have happened and is truthful will result in the contravening individual being requested to leave and being barred from The GRAND for the duration of the License Period and from future bookings at The GRAND. If there is a second repeated incidence by the Licensee, including by any agent, employee, or contractor of theirs, the Licensee shall be in default hereof and The GRAND shall have the right to terminate this Agreement at no penalty to The GRAND. Upon any such termination by The GRAND, the Licensee will be obligated to pay The GRAND the full amounts set out in the License Fees of this Agreement in addition to any other amount payable pursuant to this Agreement or pursuant to any other remedy The GRAND may have.