HomeMy WebLinkAbout7.1 Report 24-112 Revisions to P 009 HR Respectful Workplace.pdfReport 24-112 14 November 2024
POLICY REVIEW COMMITTEE
TIER 2 REVISIONS TO POLICY P.009.HR RESPECTFUL WORKPLACE
AND HARASSMENT PREVENTION
Key Contact:Richard Sinclair,General Counsel -Legal Services
PURPOSE:
1.To seek input on the proposed revisions to Policy P.009.HR Respectful
Workplace and Harassment Prevention.
STRATEGIC LINKS:
2.The revisions proposed to Policy P.009.HR Respectful Workplace and
Harassment Prevention reflect the Board’s commitment to staff well-being as
reflected in its 2023-2027 Strategic Plan.
CONTEXT:
3.Following the review and approved revisions to Procedures PR.542.HR:Alleged
Employee Misconduct toward a Student and PR.652.HR:Respectful Workplace,
staff propose updates to the standing policy to align with these changes.The
standing policy is outdated and does not address the current operating realities
of fostering a respectful workplace across the District.Staff believe that the
revised policy better reflects the District’s commitment to acknowledging the
respect and dignity of all employees.
KEY CONSIDERATIONS:
4.Key Revisions
The following revisions are proposed to the standing policy:
Updates to the Title of the Policy
As the scope of the policy extends beyond
harassment prevention,staff added “and”to the title.
Updates to the Specific Directives (4.0)
Sections 4.1 and 4.3 Delete and replace.These directives should cover
all forms of misconduct under the policy,not just
Report 24-112 Revisions to P.009.HR Respectful Workplace and Harassment
Prevention 1
harassment and disrespectful behaviour.Instead,
staff propose:“The District will not tolerate bullying,
cyber-bullying,disrespectful behaviour,workplace
harassment,discrimination based on a protected
ground,microaggressions,or creating a poisoned
work environment.”
Sections 4.2 and 4.4 Delete.These are properly addressed in the
definitions section.
Section 4.5 Delete.This is properly addressed in the procedure,
not the policy.
Section 4.6 Replace with:“If the District receives a formal
complaint of an incident of bullying,cyber-bullying,
disrespectful behaviour,workplace harassment,
discrimination based on a protected ground,
microaggressions,or creating a poisoned work
environment,the District will follow the Respectful
Workplace procedure,and will ensure that the
worker who has allegedly experienced harm is
informed of the outcome of that process.”
Updates to Appendix A:Policy Definitions
Definition of “Disrespectful
behaviour”
●Add the word “vexatious”after “Disrespectful
behaviour means…”
●Add the word “known”after “...means behaviour
that is…”
●Add the following to the end of the existing
definition:“Disrespectful behaviour does not
include the reasonable and appropriate exercise
of supervisory responsibilities,including training,
direction,instruction,performance appraisal,and
discipline.It also does not include commonly
socially acceptable and good-natured humour or
joking in the workplace.”
Definition of “Respectful
behaviour”
●Delete the whole of this definition
●The policy already includes a definition for
“Disrespectful Behaviour”.The thrust of the
policy is to create a workplace free of
disrespectful behaviour,so it is disrespectful
behaviour that is more relevant.Additionally,
Report 24-112 Revisions to P.009.HR Respectful Workplace and Harassment
Prevention Page 2
keeping both definitions suggests that all
behaviour must fit into one definition or the other,
which can create difficulty when trying to
characterize conduct that does not fit neatly into
either definition.It forces the employer to
undertake two analyses for each behaviour
assessed.By contrast,defining only
“Disrespectful Behaviour”allows the conduct to
either fit within the definition or not,which avoids
confusion and creates a more functional
analysis.
Definition of “Poisoned Work
Environment”
The existing definition is focused on a
“discriminatory”environment,which is only one way
in which an environment can be poisoned.Replace
the existing definition with the following:“Poisoned
work environment means a work environment in
which employee productivity and well-being are
undermined by repeated,ongoing,and unresolved
conflict such as harassment,discrimination,or
disrespectful behaviour.It is typically marked by
employees feeling stressed,anxious,and
demoralized over an extended period.Other
markers might include low morale,high turnover,
and diminished performance.”
RESOURCE IMPLICATIONS:
5.Besides the resources already allocated to manage the consultation process
through the Engage platform,no additional resources are required to approve the
proposed revisions to Policy P.009.HR Respectful Workplace and Harassment
Prevention.
COMMUNICATION/CONSULTATION ISSUES:
6.The proposed revisions were informed by the feedback the District collected in
the course of the revisions made to PR.542.HR:Alleged Employee Misconduct
toward a Student and PR.652.HR:Respectful Workplace.Parties consulted
included employee unions and the Occupational Health and Safety Committee
(OHSC).
7.As a Tier 2 Policy Review,the proposed draft will be posted to the District
website through Engage OCDSB and awareness will be raised on this
consultation through parent/guardian,student,and school council
communications.Feedback from the public will be received between 14
November and 12 December 2024,and incorporated into a final draft of the
Report 24-112 Revisions to P.009.HR Respectful Workplace and Harassment
Prevention Page 3
policy that will be presented to the Policy Review Committee on 13 February
2025 for approval.A recommendation for the approval of the policy will be
presented from the Committee to the Board at its meeting on 25 February 2025.
GUIDING QUESTIONS
●Do the proposed revisions reflect the Board’s commitment to an
environment free of harassment,bullying and other disrespectful
behaviours?
●Do the proposed revisions fairly address all equity considerations of this
policy?
Richard Sinclair
General Counsel -Legal Services Pino Buffone
Director of Education and
Secretary of the Board
APPENDICES
Appendix A:Revised Policy P.009.HR Respectful Workplace and Harassment
Prevention
Appendix B:Standing Policy P.009.HR Respectful Workplace (Harassment Prevention)
Report 24-112 Revisions to P.009.HR Respectful Workplace and Harassment
Prevention Page 4
Appendix A to Report 24-112
Appendix B to Report 24-112