Workplace Harassment

is improper conduct by an individual, that is directed at and offensive to another individual in the workplace, including at any event or any location related to work, and that the individual knew or ought reasonably to have known would cause offence or harm. It comprises objectionable act(s), comment(s) or display(s) that demean, belittle, or cause personal humiliation or embarrassment, and any act of intimidation or threat. It also includes harassment within the meaning of the Canadian Human Rights Act (i.e., based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and pardoned conviction).

Harassment is normally a series of incidents but can be one severe incident which has a lasting impact on the individual.

Essentially, the definition of harassment means that more than one act or event needs to be present in order to constitute harassment and that taken individually, this act or event may not constitute harassment. It is the repetition that generates the harassment. In other words, workplace harassment consists of repeated and persistent behaviours towards an individual to torment, undermine, frustrate or provoke a reaction from that person. It is a behaviour that with persistence, pressures, frightens, intimidates or incapacitates another person. Each behaviour viewed individually may seem inoffensive, however, it is the synergy and repetitive characteristic of the behaviours that produce harmful effects.

Nonetheless, one single incident can constitute harassment when it is demonstrated that it is severe and has an important and lasting impact on the complainant.

Government of Canada. https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=26041

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Conduct Covered by this Policy:

The respectful workplace policy applies to and prohibits all forms of illegal harassment and discrimination, not only sexual harassment. Accordingly, the SSANC Board absolutely prohibits harassment or discrimination based on sex, age, disability, perceived disability, marital status, personal appearance, sexual orientation, race, color, religion, national origin, veteran status or any other legally protected characteristic.

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Sexual Harassment: includes the following:

• Offensive and unwelcome sexual invitations, whether or not the employee submits to the invitation, and particularly when a spoken or implied quid pro quo for sexual favours is a benefit of employment or continued employment;
• Offensive and unwelcome conduct of a sexual nature, including sexually graphic spoken comments; offensive comments transmitted by e-mail or another messaging system; offensive or suggestive images or graphics whether physically present in the workplace or accessed over the Internet; or the possession of or use of sexually suggestive objects; and
• Offensive and unwelcome physical contact of a sexual nature, including the touching of another’s body; the touching or display of one’s own body, or any similar contact.

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Computer Messaging and Information Systems:

• Employees are particularly cautioned that the use of e-mail, voice mail, or other electronic messaging systems, or the Internet, may give rise to liability for harassment.
• Employees may not generate, should not receive, and must not forward, any message or graphic that might be taken as offensive based on sex, gender, or other protected characteristic. This includes, for example, the generation or forwarding of offensive “humour” which contains offensive terms.
• Employees receiving offensive messages over the SSANC’s computer equipment or receiving other unlawfully offensive messages or graphics over the SSANC’s computer equipment, should report those messages to their supervisor or the Chair of the Board.
• Employees are reminded that the SSANC’s computers and the data generated on, stored in, or transmitted to or from the SSANC’s computers remain the property of the SSANC for all purposes.
• SSANC retains the right to monitor its computers, computer systems, and networks to ensure compliance with this requirement.

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Harassment, Bullying and Abusive Behaviour:

Any behaviour which contributes to an impaired or toxic workplace environment such that other employees, patrons, volunteers or the general public find their ability to work or enjoy the SSANC experiences compromised is considered to be harassment. Harassment behaviours include, but are not limited to repeated swearing, shouting, physical displays such as slamming doors or other loud actions, confrontational arguments, intimidation or bullying. Harassment behaviours may also include the use of SSANC computers and email services to intimidate or bully.

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Procedures in Cases of Harassment:

Sunbury Shores Arts and Nature Centre will follow the Worksafe NB Code of Practices for Managing and Investigating Workplace Harassment. Any SSANC employee who believes that she or he has been subjected to unlawful harassment of any kind has the responsibility to report the harassment immediately to her or his supervisor. If the employee is uncomfortable reporting the harassment to her or his immediate supervisor (whether because the supervisor has committed the harassment, or for any other reason whatsoever), the employee must report the harassment to the next higher level of management above the immediate supervisor or, if the employee prefers, President of the SSANC Board. SSANC is committed to taking all reasonable steps to prevent harassment and will make every reasonable effort promptly and completely to address and correct any harassment that may occur. However, SSANC cannot take prompt and effective remedial action unless each employee assumes the responsibility of reporting any incident of harassment immediately to an appropriate supervisory employee or the President of the Board. Every report of harassment will be investigated promptly and impartially, with every effort to maintain employee confidentiality. The complainant and the accused will be informed of the results of the investigation.

If SSANC finds that its policy has been violated, it will take appropriate corrective, and remedial action, up to and including discharge of offending officers or employees, and/or similarly appropriate action towards offending volunteers, vendors, contractors, or members.

Follow-up measures  will be taken with affected employees which may  include appropriate training, mediation or counselling.

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Reporting Without Fear of Retaliation:

No SSANC employee will be retaliated against for reporting harassment. This no-retaliation policy applies whether a good faith complaint of harassment is well founded or ultimately determined to be unfounded. No SSANC officer, director, manager or supervisor is authorized, or permitted, to retaliate or to take any adverse employment action whatsoever against anyone for reporting unlawful harassment, or for opposing any other discriminatory practice in the workplace.

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