Respectful Workplace Policy

Respectful Workplace is a work environment where individuals treat each other with respect at all times which includes:

• inclusion of people with different backgrounds, strengths and opinions;
• safety from disrespectful, bullying or intimidating behaviours;
• individual accountability for effective workplace relationships involving the constructive resolution of differences. 

Complainant means the individual making a complaint that disrespectful behaviour has occurred.

Disrespectful behaviour is behaviour that:

• ought reasonably to be known or expected to be offensive, humiliating or intimidating;
• has a clear and demonstrably negative effect on the complainant;
• includes either words or actions and can consist of a single incident or a number of incidents;

Some examples of disrespectful behaviour as defined under this Policy include, but are not limited to:

• public ridicule or humiliation;
• verbal or written abuse or threats;
• insulting, derogatory or degrading comments, jokes or gestures;
• directing profanity or violent language at another employee;
• unjustifiable or deliberate interference with another’s work or work sabotage;
• interference with or vandalizing personal property;
• bullying, which can be defined as offensive, malicious, intimidating, ostracizing, insulting or humiliating behaviour.

Some examples of conduct that are not considered disrespectful behaviour under this Policy include, but are not limited to:

• welcome, mutually consensual relationships or social invitations that do not involve inappropriate or offensive behaviours, intimidation, explicit or implicit threat of retaliation, or misuse of power;
• conduct that a reasonable person would find welcome or neutral;
• exercise of the Library’s right to direct the workforce, including all aspects of supervising and managing such as giving appropriate and legitimate performance feedback, managing employee attendance, coaching, and discipline;
• disagreements or misunderstandings;
• conflicts or quarrels between co-workers unless they include disrespectful behaviours as outlined above.

Bullying and Harassment (WorkSafeBC policy definition):

• Bullying and Harassment (a) includes any inappropriate conduct or comment by a person towards a worker that the person knew or reasonably ought to have known would cause that worker to be humiliated or intimidated, but (b) excludes any reasonable action taken by an employer or supervisor relating to the management and direction of workers or the place of employment.

• The WorkSafeBC policy clarifies that a person includes any individual, whether or not they are a workplace party. This means that a person could be a workplace party such as an employer, supervisor, or co-worker, or a non-workplace party such as a member of the public, a client, or anyone a worker comes into contact with at the workplace.

Respondent means the individual alleged to have engaged in disrespectful behaviour.

1 General

Library employees shall not be subjected to, and shall not subject another individual to, disrespectful behaviour as defined in this Policy.

Bullying and harassment are not acceptable and will not be tolerated in the workplace.

2 Roles and Responsibilities

2.1 The Vancouver Public Library

The Library has the primary responsibility to establish and maintain a respectful workplace as defined in this Policy. Employeer responsibilities include:

• developing a policy statement with respect to workplace bullying and harassment and policies to address bullying and harassment and disrespectful behaviour in the workplace;
• taking steps to prevent and minimize workplace bullying and harassment and maintain a respectful workplace;
• developing and implementing procedures for workers to report incidents or complaints;
• developing and implementing procedures for investigating and dealing with incidents and complaints;
• informing workers of policies and procedures;
• training supervisors and workers on policies and procedures;
• ensuring there is an annual review of policies, procedures and training;
• not engaging in bullying and harassment and disrespectful behaviour and applying and complying with employer policies and procedures.

2.2 Human Resources

The responsibilities of Human Resources include to:

• ensure a fair, prompt and equitable process is followed;
• champion respectful workplace behaviours and practices;
• protect the privacy and confidentiality of all individuals involved;
• work with appropriate management staff to determine corrective action;
• where appropriate, facilitate joint involvement of management, union representatives and other staff to resolve issues.

2.3 Supervisory Staff

All staff responsible for supervision have an essential role in preventing and resolving disrespectful behaviour issues. Staff who supervise are responsible not only for their own actions, but also for dealing with the actions of staff under their supervision.

Their primary responsibilities with respect to disrespectful behaviour are to:

• ensuring staff is provided with information about and access to policies and procedures related to workplace behaviour;
• not engaging in bullying and harassment or disrespectful behaviour;
• applying and complying with the employer’s policies and procedures;
• modeling appropriate behaviour and monitoring the workplace for incidents of bullying and harassment and disrespectful behaviour;
• intervening promptly and appropriately when they know, or ought reasonably to know, that workplace bullying and harassment or disrespectful behaviour is occurring;
• working cooperatively with Human Resources to resolve and remedy instances of workplace bullying and harassment and disrespectful behaviour;
• taking steps to restore positive working relationships.

2.4 Employees

All employees are a part of creating a respectful workplace and have a responsibility to refrain from disrespectful behaviours as defined in this Policy by:

• taking personal responsibility to maintain respectful working relationships and constructively resolve conflict;
• not engaging in bullying and harassment or disrespectful behaviour;
• reporting any observed or experienced bullying and harassment or disrespectful behaviour in the workplace;
• applying and complying with the employer’s policies and procedures;
• seeking out support and assistance if required from their Supervisor, Manager, Human Resources Consultant, Union representative or other resource to effectively resolve workplace conflicts;
• co-operating with, and participating in, any related investigation process as required.

3 Complaint Resolution Procedures

Complaints related directly to bullying and harassment based wholly or in part on a prohibited ground as identified in the BC Human Rights Code will be dealt with under the Human Rights and Harassment Policy. Complaints related to bullying and harassment which are not wholly or in part based on a prohibited ground as identified in the BC Human Rights code will be dealt with under this Respectful Workplace Policy.

3.1 Informal Resolution

The Library strives to provide a wide range of options to resolve complaints informally. Informal resolution may include, but is not limited to, behavioural guidelines or agreements, apologies or other measures acceptable to both the Complainant and Respondent.

Informal resolution approaches may include:

• Discussing concerns directly with those involved if it is reasonable and safe to do so. Often the easiest way to stop disrespectful behaviour is to let those involved know that certain behaviours are disrespectful, unwelcome and inconsistent with Library policy.
• Requesting assistance from an appropriate party to assist in discussing concerns with those involved. An appropriate party could include a Supervisor, Manager, Director, Human Resource Consultant or Union representative;

A Human Resources Consultant or Manager may suggest interim measures to be taken during either the informal or formal processes.

3.2 Formal Resolution

If a complaint cannot be resolved informally, a formal complaint may be made in writing by the Complainant to either the Human Resources Consultant supporting the Complainant’s department, another Human Resources Consultant not directly involved in supporting the Complainant’s department or the Director of Human Resources. Employees may seek the assistance of a Human Resources Consultant, Union representative or other colleague they feel comfortable in assisting them in writing a formal complaint. In the event the complaint is against a staff member of the Human Resources Department, the complaint is to be made in writing to the Chief Librarian.

As all staff have a responsibility in creating a respectful workplace, occurrences of disrespectful behaviour may be reported to Human Resources by another party such as a colleague or Manager.

The formal resolution process is initiated once a written complaint is received. Once a formal written complaint of disrespectful behaviour is made, Human Resources or the Chief Librarian will commence an investigation if appropriate and may recommend the engagement of an external party in the investigation process.

An investigation may be carried out by the Human Resources Consultant directly, assigned to management in the area affected, assigned to an investigative team, assigned to an independent third-party or re-directed to a more appropriate existing process dependent upon the specific circumstances and seriousness of the allegation.

Formal resolution investigations cannot be carried out anonymously. The identity of the complainant and the allegations contained in the complaint will be made known to the individual(s) alleged to have engaged in disrespectful behaviour and they shall be provided an opportunity to respond to the allegations.

At the conclusion of the investigation, the investigator will document their findings and any recommendations for the resolution of the disrespectful behaviour. Human Resources will work with management to determine the appropriate action to be taken, communicate the decision to the Complainant and Respondent, identify follow-up actions to ensure the issue has been resolved and provide any additional support deemed necessary for the parties involved.

Should it be found that the disrespectful behaviour constitutes harassment as defined by the BC Human Rights Code, the investigation may involve the Equal Employment Office (EEO) as per the Human Rights and Harassment Policy.

Concerns about disrespectful behaviour should be raised as soon as reasonably possible to ensure disrespectful behaviour does not go unaddressed. It is recommended that staff bring forward concerns no longer than 6 (six) months from the time of the last alleged incident of disrespectful behaviour, although this does not preclude a complaint being raised at a later date.

3.3 False or Malicious Complaints

If a Complaint is found to be false or brought for malicious purposes, the Library may take disciplinary measures against the Complainant, up to and including termination of employment. Consideration will be given to whether the complaint was filed based on a mistake and/or unsubstantiated information.

4 Retaliation

Any form of retaliation or discrimination against an employee because that person initiated a complaint, or because that person acted as a witness or participated in a complaint resolution process will be considered a violation of this Policy. Retaliation may result in discipline up to and including termination of employment.

If an employee believes that they have been subjected to retaliation as set out above, that person may submit a written complaint to the Chief Librarian who will review the complaint with the Director, Human Resources, to ensure the allegation is appropriately addressed.

5 Consequences of Disrespectful Behaviour

Engaging in disrespectful behaviours or retaliation may result in disciplinary action up to and including termination of employment. Repeated instances of disrespectful behaviour will be considered as one of the factors in determining the appropriate level of disciplinary action. Disrespectful behaviour does not need to be intentional although intention may be relevant in assessing the severity of the behaviour.

It is understood that unionized employees may grieve any disciplinary action under the applicable collective agreement.

6 Confidentiality

Information collected and retained by Human Resources during the course of an investigation process is treated as confidential. During the investigation process, Human Resources will limit disclosure of investigation-related information to that which is necessary to resolve the complaint.

Files related to an investigation under this policy will be maintained separately from employee personnel files. Files will be retained in accordance with the Library’s file retention schedule.

Information collected and retained by Human Resources may be required to be released by law including release required in court proceedings, arbitration or other legal proceedings.

7 Collective Agreements and Legislation

In the event that any portion of this Policy is inconsistent with the Library Collective Agreement or federal or provincial legislation, that portion and only that portion of the Policy shall have no application to the extent of that inconsistency. All other portions of the Policy shall continue in full force and effect.

• Code of Conduct
• Human Rights & Harassment
• Whistleblowing - Reporting, Investigation and Protection