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psychological or sexual harassment at work policy and handling of complaints

The purpose of this policy is to affirm CAPAS' commitment to preventing and putting an end to any situation of psychological or sexual harassment, including any form of discriminatory harassment.

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1) scope

This policy applies to all CAPAS personnel, at all hierarchical levels, particularly in the following places and contexts: 

  • physical and virtual workplaces;

  • common areas;

  • any other place where people are required to be in the course of their employment;

  • communications by any means, technological or otherwise.

 

2) definition

The Act respecting labour standards defines psychological harassment as follows: 

 

"Any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures, that affects an employee’s dignity or psychological or physical integrity and that results in a harmful work environment for the employee. For greater certainty, psychological harassment includes such behaviour in the form of such verbal comments, actions or gestures of a sexual nature. A single serious incidence of such behaviour that has a lasting harmful effect on an employee may also constitute psychological harassment.”

Source: “Chapter IV - Labour standards (Art. 39.1 to 97)”, Act respecting labour standards, CNESST

 

The definition includes discriminatory harassment related to one of the grounds set out in the Charter of Human Rights and Freedoms. The notion of harassment must be distinguished from other situations such as interpersonal conflict, work-related stress, difficult professional constraints or the normal exercise of management rights (management of work attendance, work organization, disciplinary measures, etc.).


3) policy statement

CAPAS does not tolerate or condone any form of psychological or sexual harassment : 

  • by managers towards employees;

  • between colleagues;

  • by employees towards their managers;

  • by any person associated with CAPAS in terms of representation, clientele, supplier, public or other.

 

Harassment may result in disciplinary action, up to and including dismissal. CAPAS is committed to taking reasonable steps to provide a work environment free of all forms of harassment in order to protect the dignity as well as the psychological and physical integrity of individuals.

 

4) expectations toward employees

It is the responsibility of all employees to behave in such a way as to maintain an environment free from psychological or sexual harassment. 

 

5) handling of complaints and reports

Whenever possible, the person who believes they are being psychologically or sexually harassed should first inform the person concerned that their behavior is undesirable and that they must put a stop to it. They should also note the date and details of the incidents, as well as the steps they have taken to try to resolve the situation. If this initial intervention is not desired, or if the harassment continues, the employee should report the situation to one of the responsible persons designated by CAPAS, so that the problematic behaviors can be identified and the necessary measures taken.

 

Complaints may be made verbally or in writing. The behaviors complained of and the details of the incidents must be described as precisely as possible, so that action can be taken quickly to put an end to the situation. 

 

The responsible persons designated by the employer are as follows: 

 

Lydie Revez - Co-General Manager 

CAPAS Mickaël Spinnhirny
lydie@capas.ca

 

Jean-Claude Bernier - Chairman of the Board of Directors
CAPAS 

jean-claude.bernier@umontreal.ca

 

Anyone witnessing harassment is also invited to report it to one of the responsible persons mentioned above.

 

6) principles of intervention
CAPAS undertakes to :

  • deal with the complaint or report as quickly as possible;

  • preserve the dignity and privacy of those involved, i.e. the person who made the complaint, the person who is the subject of the complaint and any witnesses; 

  • ensure that all those involved are treated humanely, fairly and objectively, and are offered appropriate support; 

  • protect the confidentiality of the intervention process, including information relating to the complaint or report; 

  • offer to meet with the persons concerned, with their agreement, with a view to resolving the situation;

  • if necessary, conduct an investigation promptly and objectively, or entrust the responsibility to an outside party. The persons involved will be informed of the outcome of this process. If the investigation does not establish that unacceptable behaviour has taken place, all material evidence will be retained for two years and destroyed thereafter; 

  • take all reasonable measures to resolve the situation, including appropriate disciplinary action.

Any person who breaches the Harassment Policy will be subject to appropriate disciplinary action. The choice of applicable measure will take into account the seriousness and consequences of the act(s), as well as the previous record of the person who committed them. 

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Any person who makes false accusations with the intention of causing harm is also subject to appropriate disciplinary measures.

 

In the handling and resolution of any situation involving harassment in the workplace, no one shall be harmed or retaliated against by CAPAS.

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