ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 1 Policy On Harassment Prevention and Resolution Briefing Briefing to UMCC HR Sub- Committee 6 December 2012 Samuel Potvin, Senior Policy Officer, Director Civilian Labour Relations

ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 2 Outline Treasury Board Secretariat Policy and Directive –Changes –Requirements DND/CF review of DAOD 5012 and Guidelines –Review Steps and Timelines

ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 3 Policy on Harassment Prevention and Resolution Directive on the Harassment Complaint Process –Both effective 1 October 2012 –Policy instrument puts greater emphasis on preventive activities and on respect for people in achieving results; encourages informal conflict resolution and the restoration of the workplace. Treasury Board Secretariat Policy and Directive

ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 4 Harassment –same as the 2001 definition. However added that “Harassment is normally a series of incidents but can be one severe incident which has a lasting impact on the individual”. Preventive activities –examples are provided in the definition of Policy Informal Resolution Processes –broader than mediation Complaint –verbally or submitted in writing. Needs to be in writing to initiate the harassment complaint process Changes to Definition

ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 5 Changes to Definition (continue) Designated Official (s) –designated by the deputy head to be responsible for the overall application of the Policy and the Directive. Employee –includes indeterminate employees, part-time employees, term employees, seasonal employees, casual workers, students and part-time workers. Restoration of the Workplace –the establishment or re-establishment of harmonious working relationships

ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 6 Policy Requirements from TBS Policy Ensuring that preventive activities are in place to foster a harassment free workplace. These include informing employees about the employer’s commitment to fostering a harassment-free workplace and ensuring that results are achieved in a manner that respects employees. Other possible preventive activities are suggested in the Definitions Section- Appendix A. Optimizing the use of the informal resolution process and ensuring that those who are involved in managing and resolving harassment complaints have the required competencies, including informal conflict resolution skills. Regularly consulting with bargaining agents, informal conflict management practitioners and other stakeholders on the application of the Directive on the Harassment Complaint Process. Designating an official or officials for the application of the Policy on Harassment Prevention and Resolution and the Directive on the Harassment Complaint Process.

ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 7 Directive Requirements Ensuring that the harassment complaint process is carried out promptly, respects the principles of procedural fairness and that it contains the following five steps: Step 1 – Acknowledging receipt of the complaint Step 2 –Reviewing the complaint to determine whether the allegation (s) meets the definition of harassment. The respondent is notified of the complaint whether or not the complaint is admissible. Step 3 – Exploring options for resolving the complaint…

ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 8 Directive Requirements (continue) Step 4 – Rendering a decision and notifying in writing the parties involved as to whether or not the allegations were founded. Step 5 - Restoring the well-being of the workplace Ensuring that steps 1, 2, 3 and 4 are completed in a timely fashion, normally within 12 months unless there are extenuating circumstances, and step 5 is initiated within the same time frame.

ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 9 DND/CF Policy and Guidelines on Harassment Prevention and Resolution review DAOD 5012 and Guidelines –Changes in the TBS Policy Directive are in most part already included in the current DAOD or Guidelines. –Only an update will be required to both Policy and Guidelines Update will also include a review of: –RO Guide –Harassment Handbook –Courses and training material

ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 10 DND and CF’s DAOD 5012 review steps and timelines Step 1: Collate the information received from the questionnaire that was sent to stakeholders in August Step 2: Draft new DOAD and guidelines on Harassment Prevention and Resolution –Incorporate changes from TBS Policy and Directive –Incorporate, if appropriate, stakeholder feedback received from questionnaire. Plans are to have completed Step 1 and Step 2 by the end of December

ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 11 DND and CF’s DAOD 5012 review steps and timelines cont… Step 3: Present draft to Stakeholders for review –List of Stakeholders for civilians: L1 Organisation Bargaining Agents/Unions DGADR DEP DND Managers Network EE Advisory Groups Youth Network –Plan to have this step completed by end of January

ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 12 DND and CF’s DAOD 5012 review steps and timelines cont… Step 4: Review and update policy and guidelines following feedback from stakeholders –Step to be completed by end of February Step 5: Legal review and update to Department’s harassment tools (course material, DND/CF Handbook etc….) –No timeframe for this step as it is dependant on speed of legal review

ADM (HR-Civ) - Assistant Deputy Minister (Human Resources - Civilian) SMA (RH-Civ) - Sous-ministre adjointe (Ressources humaines - Civils) 13 Questions?