Workplace Policy

RESPECT IN THE WORKPLACE POLICY

Mark Staffing Solutions ("Mark") is committed to providing and maintaining a workplace which ensures that all team members, volunteers and contractors are treated with dignity, respect, trust and collegiality. In order to ensure that these values are upheld, every reasonable measure will be taken to ensure that all team members, volunteers and contractors are able to work in an environment free from harassment and abusive behaviour. Abusive behaviour and harassment in any form violate fundamental rights, personal dignity and integrity. Certain forms of this behaviour are prohibited by law and all forms are unacceptable at Mark.

Behaviour of this type also undermines Mark's long established workplace values which permit everyone to work in an atmosphere of mutual respect, tolerance, friendship, trust and goodwill.

Mark upholds, as a matter of normal business practice, the applicable provisions in the human rights statute for the province in which Mark operates. But in addition to these statutory provisions, Mark adopts the position that harassment and abusive behaviour in any form whether or not prohibited by statute, are objectionable and will not be condoned.

Harassement and abuse can consist of a single incident or several incidents that occur over a period of time. People can feel victimized not only by intentional, but also unintentional unwelcome behaviour. Behaviour which is acceptable to people we know well, can be harassment or abuse to someone with whom we are less familiar. Any conduct that falls outside the values of dignity, respect, trust, and collegiality will be unacceptable from any team member of Mark or outside party, such as suppliers and clients that have an ongoing relationship with Mark. For the purposes of this Policy, the Mark workplace included any place where the business of Mark is conducted or where social or other functions of Mark occur.

STATUTORILY PROHIBITED GROUNDS

Many forms of harassement are prohibited by statute. Harassment under the applicable statute means any vexatious comment or conduct, related to any ground prohibited by the applicable statute, engaged in by someone who knows, or ought reasonable to know, that the comment or conduct is unwelcome.

The unwelcome comment or conduct does not have to be directed at a specific person for harassment to occur. Comments or conduct that tend to ridicule or disparage a group protected by the applicable statute may give rise to an offensive work environment and thus to harassment. Examples of sexual harassment may include, but are not limited to:

  • Verbal or physical abuse, threats, derogatory remarks, jokes, innuendo, or taunts about appearance or beliefs,
  • The display of pornographic, racist or offensive images. Practical jokes that result in awkwardness or embarrassment. Unwelcome invitations or requests, either indirect or explicit;
  • Intimidation, leering or other objectionable gestures; condescension or paternalism that undermines self-confidence, unwanted physical contact such as touching, patting, pinching or punching are all examples of harassment. Harassment can also be outright physical assault;
  • Sexual harassment can be expressed in many ways, from very subtle to most obvious, through any of the following: suggestive remarks, sexual jokes, or compromising invitations, verbal abuse, visual display of suggestive images, leering, whistling, patting, rubbing or other unwanted physical contact, outright demands for sexual favours, or physical assault. Same-gender harassment can also occur;
  • Refusing to work with people because of their sex or sexual orientation;
  • Unwelcome advances, invitations or propositions of a sexual nature or repeated invitations after previous requests have been refused;
  • Any advances, invitation or propositions of a sexual nature which might, on reasonable grounds, be perceived as placing a condition on a person's employment, work assignment, or any opportunity for training or promotion;
  • Unwarranted inquiries or comments about a person's personal life;
  • Sexual assault;
  • Males and females can both experience sexual harassment from either gender.

Examples of racial or religious harassment may include, but are not limited to:

  • Comment or conduct which disparages or ridicules a person's race, ethnic origin, colour or religion;
  • Insulting gestures or jokes which relate to race, ethnic origin, colour or religion;
  • Mimicking a person's accent, speech or mannerisms;
  • A display or distribution of derogatory materials which relate to race, ethnic origin, colour or religion; and
  • Refusing to work with people because of their race, ethnic origin, or religious background.

Harassment on other grounds prohibited by the applicable statute may follow similar patterns. Abusive and harassing behaviour not expressly prohibited by law, but which violates the values of Mark, will be dealt with in the same manner as the behaviour that is against the law.

What is not Harassment?

  • Relationships can take place in the workplace. Where this is mutually acceptable, by consenting adults, of equal positions of authority, this is not harassment.
  • It is important to emphasize that this Policy is not intended to constrain social interaction among members of Mark and related third parties, nor is it intended to replace good judgment and common sense.

NO RETALIATION FOR USING THIS POLICY

All team members, volunteers and contractors and others who have on-going business contact with Mark have a right to make a complaint or enforce their rights under this Policy without retaliation or threat of retaliation.

Retaliation against a person who uses this Policy or takes part in an investigation under this Policy will be treated in the same manner as harassment. Retaliatory behaviour could include:

  • The breach of the confidentiality requirements of this Policy;
  • Unwarranted criticism of a person's job performance;
  • Arbitrary reassignment of a person to a different department, job or set of responsibilities;
  • The failure to extend to a person (or others of the same sex or race) opporunities available to others; and
  • The refusal to work with a person.

WHAT TO DO IF HARASSMENT OCCURS?

Process - Roles and Responsibilities:

This Policy outlines both informal and formal options available to any team member of Mark who believes that he or she has been harassed or subjected to abusive behaviour by any other member of Mark or related third party.

Mark encourages the reporting of all allegations of harassment or abusive behaviour regardless of whom the offender may be.

While Mark is committed to resolving harassment and abusive behaviour concerns internally, nothing in this Policy precludes a team member of Mark from filing a complaint under applicable statute or having changes laid in appropriate circumstances.

Informal Resolution Options:

In many situations, simply informing the person that his or her comment or conduct is unwelcome will resolve the issue. Telling the person to "stop" may be difficult to do, but frequently is the most effective means of eliminating the problem.

If you find it too difficult to speak to the person directly (or if you speak to the person but the unwelcome comment or conduct persists, or if you feel that as a result you have been subjected to retaliatory behaviour) you are encouraged to discuss your concerns with a member of the management team.

Members of the managment team are trained to help you clarify the options available to you, identify appropriate counselling or support services provided by Mark or third parties (such as the Employee Assistance Program), and facilitate and assist in the informal resolution process.

After your discussion with a member of the management team, you may wish to have that management team member address the matter informally with the person whose behaviour has troubled you or accompany you in doing so. In every case where management addresses the matter informally, they will keep you apprised of how the matter is being addressed and of any proposed resolution initiatives. A confidential record of the matter will be kept with management. Management will complete this informal procedure as soon as possible, normally within 14 days of your speaking to management, unless a longer period is appropriate in the circumstances. In this case, management will notify you of the proposed time frame.

It is incumbent upon all members of Mark to advise Human Resources of any known serious harassment or abusive behaviour incident or allegation.

Formal Complaint Option

You may decide to make a formal written complaint under this Policy to management.

You may also make a formal written complaint in the event that the informal process does not resolve the matter to your satisfaction.

Upon receipt of a formal written complaint, management will determine whether the conduct complained of falls within the scope of this Policy and in the event that it does not, will advise the person making the complaint accordingly and will take no further steps under the Policy.

A formal written complaint will ordinarily only be accepted by management if the alleged comment or conduct upon which the complaint is based occurred within six (6) months prior to making the complaint, unless at the discretion of management, there are extenuating circumstances for the time delay and/or unless management believes that pursuing an investigation is in the best interests of ensuring that Mark is free from harassment.

Investigating of Formal Complaint

Management will initiate an investigation whenever they receive a formal written complaint. Management may also initiate an investigation in other circumstances where an investigation would be appropriate in the interest of ensuring that Mark is free from harassment and abusive behaviour. An investigation might be appropriate where management becomes aware of a serious allegation or incident, or where they have been approached by a person who does not wish to make a complaint (formal or informal), but who describes a very serious allegation or incident (for example, where there are previous complaints or incidents involving the person complained of or in cases involving allegations of inappropriate physical conduct).

The investigation will be completed and the appropriate resolution decided upon within 30 days of management receiving a formal written complaint. Management, however, remains obligated to pursue the matter if they believe that continued investigation is appropriate in the interest of ensuring that Mark is free from harassment and abusive behaviour (for example, if there are concerns that the withdrawal of the complaint occurred as a result of possible retaliatory behaviour by the respondent or others, or in cases where there are previous complaints or incidents involving the respondent, or in cases involving allegations of inappropriate physical contact).

In the course of the investigation, the investigative team will:

  • Interview the complainant regarding the written complaint;
  • Give a copy of the written complaint to the respondent or advise the respondent in writing of the allegations;
  • Provide the respondent with an opportunity to respond to the complaint orally or in writing and give a copy of any written response or a written summary of the oral response to the complainant;
  • Investigate the complaint by speaking to the complainant, respondent and other individuals where appropriate;
  • Provide the complainant and respondent with a written summary of their preliminary factual findings with a request for any further comments; and
  • Notify the President of Mark as to the investigative findings.

Upon receipt of the investigative findings, the President will:

Where the complaint is substantiated:

  • Give a written summary of the findings to both the complainant and the respondent;
  • Provide the complainant and the respondent the opportunity to make representation regarding the findings, in person and/or in writing to the President;
  • Initiate appropriate disciplinary or rehabilitative action;
  • Give a written summary of the discipline or rehabilitative action to both the complainant and the respondent; and lodge a confidential record of the investigative proceedings and the result within the records of management;
  • Take no further action against the respondent, but
  • Give a written summary of the findings to both the complainant and the respondent; and
  • Lodge a confidential record of the investigative proceedings and the result within the records of management.

Disciplinary and Rehabilitative Actions

Disciplinary and rehabilitative action arising out of the informal resolution process or resulting from a formal complaint and subsequent investigation may include one or more of the following:

  • A formal apology;
  • Counselling and/or attendance at educational seminars on harassment and/or abusive behaviour;
  • A written warning delivered to the person who was deemed to have engaged in harassment or abusive behaviour (and placed in that person's personnel file);
  • A change of work assignment of the person complained about;
  • The suspension with or without pay of the team member;
  • The discharge of the team member.

The complainant and the respondent may be encouraged to seek outside supportive counselling through the Employee and Family Assistance Program.

Confidentiality

It is essential that the complainant, respondent and all of those individuals in the informal or formal investigation of a complaint maintain confidentiality throughout the formal or informal complaint procedure, the investigation and subsequent to the investigation. Both the formal and the informal complaint procedures will be carried out in strict confidence. It is a serious breach of this Policy to break confidentiality unless disclosure of information relating to the complaint is required by law or is necessary in order for the proper investigation and resolution of the matter. The complainant, respondent, and anyone else who gains knowledge of the allegations, or who may have witnessed the incident or incidents, must keep all matters relating to the complaint in strict confidence during the investigation, and after the matter has been dealt with. Any breach of these confidentiality provisions will be treated in the same manner as the harassment and/or abusive behaviour.

Posting Requirements

A copy of this Policy will be placed on Mark's website and on bulletin boards in conspicuous places within the company.

Mark's Commitment Restated

The position of Mark with respect to harassment and/or abusive behaviour in the workplace is very straightforward. Every member of Mark has the right to work in a dignified and respectful environment which is free from harassment and/or abusive behaviour. Mark is committed to ensuring a work environment for its team members that is based on dignity, respect, trust and collegiality. Behaviour of this type also undermines Mark's long established workplace values which permit everyone to work in an atmosphere of mutual respect, tolerance, friendship, trust and goodwill.

Harassment and/or abusive behaviour in the workplace are serious issues. The Policy must not be used maliciously or in bad faith.