Alectra, discover the possibilities

A complainant is a person or group who makes a complaint pursuant to the process set out in this procedure.

A respondent is a person against whom a complaint is brought.

An Alectra workplace is:

1. Any location where an employee is engaged in work for Alectra, including but not limited to work locations owned, leased or managed by Alectra e.g. buildings, parking garages (internal and external), grounds and yards or locations where Alectra does not have direct control over the location e.g. employee home offices, eateries, hotels, meeting facilities or vendor locations that are being used for business purposes or any work-related social events, where an employee represents Alectra.
2. Any company-owned vehicle or equipment, or company leased vehicle or equipment. This includes privately owned vehicles used for Alectra business and where compensation is paid for the use of a vehicle.
3. For employees instructed to work remotely the workplace does not extend to the private residence where the owner or occupant performs work, but does include the work being conducted over the phone, during conference calls, video calls, email communication, or other (i.e. as it would if the work was being performed in the office).

Workplace harassment is a health and safety issue that is covered under the Occupational Health and Safety Act.

The Occupational Health and Safety Act defines workplace harassment as:

Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome. The comment or conduct is not restricted to face-to-face interactions, and includes comment or conduct over the phone, during conference calls, video calls, email communication, etc.

Workplace harassment may have some or all of the following components:

• It is generally repetitive, although a single serious incident may constitute workplace harassment if it undermines the recipient’s psychological or physical integrity and has a lasting harmful effect
• It is hostile, abusive or inappropriate
• It affects the person’s dignity or psychological integrity
• It results in a poisoned work environment

In addition, behaviour that intimidates, isolates or discriminates against the recipient may also be included.

Some examples of workplace harassment are:

• Verbally abusive behaviour such as yelling, insults, ridicule and name calling including remarks, jokes or innuendos that demean, ridicule, intimidate or offend
• Workplace pranks, vandalism, bullying and hazing
• Gossiping or spreading malicious rumours
• Excluding or ignoring someone, including persistent exclusion of a particular person from workplace-related social gatherings
• Undermining someone else’s efforts by setting impossible goals, with short deadlines and deliberately withholding information that would enable a person to do their job
• Providing only demeaning or trivial tasks in place of normal job duties
• Humiliating someone
• Sabotaging someone else’s work
• Displaying or circulating offensive pictures or materials
• Offensive or intimidating phone calls or emails
• Cyberbullying
• Impeding an individual’s efforts at promotions or transfers for reasons that are not legitimate
• Making false allegations about someone in memos or other work-related documents
• Comments which demean, belittle or cause humiliation, embarrassment and/or unnecessary anxiety for another employee

Workplace discrimination includes any distinction, exclusion or preference based on the protected grounds in the Ontario Human Rights Code, which nullifies or impairs equality of opportunity in employment, or equality in the terms and conditions of employment.

The protected grounds for discrimination are:

• Race, colour, ancestry, citizenship, ethnic origin, or place of origin
• Creed, religion
• Age
• Sex (including pregnancy and gender identity/expression)
• Sexual orientation
• Family, marital (including same-sex partnership) status
• Disability or perceived disability
• A record of offences for which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or an offence in respect of any provincial enactment

Discriminatory harassment includes comments or conduct based on the protected grounds in the Ontario Human Rights Code, which the recipient does not welcome or that offends them.

Some examples of discriminatory harassment include:

• Offensive comments, jokes or behaviours that disparage or ridicule a person’s membership in one of the protected grounds as noted above
• Imitating a person’s accent, speech, or mannerisms
• Persistent or inappropriate questions about whether a person is pregnant, has children, or plans to have children
• Inappropriate comments or jokes about an individual’s age, sexual orientation, personal appearance, or weight

Workplace sexual harassment is a health and safety issue that is covered under the Occupational Health and Safety Act.

The Occupational Health and Safety Act defines workplace sexual harassment as:

Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity and/or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome. The comment or conduct is not restricted to face-to-face interactions, and includes comment or conduct over the phone, during conference calls, video calls, email communication, etc.

Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.

Some examples of sexual harassment are:

• Sexual advances or demands that the recipient does not welcome or want
• Threats, punishment or denial of a benefit for refusing a sexual advance
• Offering a benefit in exchange for a sexual favour
• Leering (persistent sexual staring)
• Displaying sexually offensive material such as posters, pictures, calendars, cartoons, screen savers, pornographic or erotic websites, or other electronic material
• Distributing sexually explicit email messages or attachments such as pictures or video files
• Sexually suggestive or obscene comments or gestures
• Unwelcome remarks, jokes, innuendoes, propositions or taunting about a person’s body, clothing, sex, sexual orientation, gender identity or gender expression
• Persistent, unwanted attention after a consensual relationship ends
• Physical contact of a sexual nature, such as touching or caressing
• Sexual assault

Harassing comments or conduct can poison someone’s working environment, making it a hostile or uncomfortable place to work, even if the person is not being directly targeted. This is commonly referred to as a poisoned working environment and it is a form of harassment.

Some examples of actions that can create a poisoned working environment include:

• Displaying offensive or sexual materials such as posters, pictures, calendars, websites or screensavers
• Distributing offensive messages or attachments such as pictures or video files (via e- mail, interoffice mail, etc.)
• Practical jokes that embarrass or insult someone
• Jokes or insults that are offensive, racist or discriminatory in nature

4.7.1 What is NOT Harassment?

Workplace harassment should not be confused with legitimate, reasonable, management actions that are part of the normal work function, including:

• Measures to correct performance deficiencies, such as placing someone on a performance improvement plan
• Setting stretch yet reasonable goals and reasonable deadlines that align to the expectations of the job and the position
• Imposing discipline for workplace infractions
• Requesting medical documents in support of an absence from work

The Occupational Health and Safety Act states that a reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment.

It also does not include normal workplace conflict that may occur between individuals or differences of opinion between co-workers.

4.7.2 The Test of Harassment

It does not matter whether the employee intended to offend someone. The test of harassment is whether the employee knew or should have known that the comments or conduct was unwelcome to the other person. For example, someone may make it clear through their conduct or body language that the behaviour is unwelcome, in which case the employee must immediately stop that behaviour.

Harassment can occur from co-worker to co-worker, supervisor to employee and employee to supervisor. Differences in power and authority between the parties is not required to ground a claim of workplace harassment.

4.8.1 Workplace Violence

Workplace violence is defined under the Occupational Health and Safety Act as:

• The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker
• An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker
• A statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker
• It is defined broadly enough to include acts that may be considered criminal. Workplace violence includes:
  • Physically threatening behavior such as shaking a fist at someone
  • Destroying property, throwing objects
  • Verbal or written threats to physically attack a worker
  • Leaving threatening notes or sending threatening emails
  • Wielding a weapon at work
  • Stalking someone
  • Physically aggressive behaviours including hitting, shoving/pushing, standing excessively close to someone in an aggressive manner, kicking, throwing an object at someone, physically restraining someone or any other form of physical or sexual assault

Violence that occurs outside the normal workplace, but which has an impact on the working environment, including working relationships, may also be considered violence in the workplace.

4.8.2 Domestic Violence

If an employee is experiencing domestic violence that would likely expose him or her or other employees, to physical injury that may occur in the workplace, the employee has an obligation to notify the employer of such a risk. If Alectra becomes aware, or ought reasonably to be aware of domestic violence involving an employee, Alectra will take every precaution reasonable to protect the worker and their co-workers in these circumstances. This may include all or some of the following:

• Creating a safety plan
• Contacting the police
• Establishing enhanced security measures and controls
• Screening calls and blocking certain email addresses
• Setting up priority parking or providing security escorts to their vehicle or to public transportation
• Adjusting the employee’s work hours and location so their whereabouts are not predictable
• Facilitating access to counseling through the Employee Assistance Program or other community programs

Alectra appreciates the sensitivity of these issues and will do its best to assist the employee as discreetly as possible while maintaining their privacy.

4.8.3 History of Violent Behaviour

If an employee can be expected to encounter a person with a known history of violent behaviour at work, and the employee is likely to be exposed to physical injury, Alectra will provide information to that employee related to the risk. Alectra will limit the disclosure of personal information to what is reasonably necessary to protect the employee from physical injury.

It is everyone’s responsibility to:

• Adhere to the Respect in the Workplace Policy and Procedure and to foster an environment that is free from workplace harassment, discrimination and violence.
• Set a good example by never engaging in, tolerating or condoning workplace harassment, sexual harassment, discrimination or violence.
• Immediately contact the appropriate person, (i.e. their immediate leader and/or People Team), if they have received a complaint of workplace harassment, sexual harassment, violence or domestic violence or witness or become aware of harassing or violent behaviour.

• Ensure that employees are trained to:
  • Understand the Respect in the Workplace Policy and Procedure
  • Recognize the potential for workplace harassment, discrimination and violence
  • Follow the policy and procedure
  • Report and document such incidents
• Inform their immediate leader of any incidents, up to the level of Vice President / Senior Vice President.
• Vice President / Senior Vice President leaders must inform their Executive Committee leader, who then informs the CEO, of any incidents including the decision to investigate and the results of the investigation.
• Respond to any complaint as soon as possible by following the internal procedures. In certain circumstance the response to a situation of workplace violence may require assistance from external bodies, including 9-1-1.
• Take reasonable precautions to protect employees from harassment, discrimination workplace violence, and domestic violence.
• Participate in the investigation results meetings with the complainant and respondent if requested and required, by Alectra.
• Issue written investigation results to complainant and respondent. Take the appropriate corrective measures, regardless of respondent’s length of service or position in the company, if findings of harassment, violence or discrimination are made.
• People Leaders who are aware of harassment, violence or discrimination and do not take action, may be subject to disciplinary action, up to and including termination.

• Report to their immediate leader and/or People Team if any existence of workplace violence, domestic violence, workplace harassment or discrimination occurs. If the alleged source of the complaint is the employee’s immediate leader, the employee is encouraged to report the incident to the next leadership level, People Team or a worker certified member or worker co-chair of the Joint Health & Safety Committee.
• Co-operate fully in any attempts to resolve a complaint and in the investigation of a complaint.

• Act as a resource and answer inquiries with respect to this procedure.
• Discuss complaints on a confidential basis with the complainant and/or the immediate leader, unless there is a requirement to release information by law, where there is risk of harm to the worker or another individual.
• Lead in an investigation by discussing the allegations with the respondent to see if the matter can be resolved. The investigation may require taking statements from all relevant and identified parties. In all cases, a determination must be made as to whether the complaint is grounded, or not.
• Provide coaching to an employee and assist in resolution of a complaint. This may include but is not limited to, facilitating a resolution between two or more affected parties or assisting a complainant, respondent or witness during an investigation.
• Investigate all incidents of workplace harassment, sexual harassment, discrimination, workplace violence and domestic violence using the guidelines outlined in this procedure.
• Participate in the investigation results meetings with the complainant and respondent.
• Manage confidentiality and privacy.
• Determine if a third party will investigate the allegation(s).
• Ensure the procedure is accessible to staff.
• Ensure all employees are trained on an annual basis on the policy.