1.
What are the responsibilities of
involved parties?
The employer’s responsibility
The Province of Newfoundland and Labrador is responsible for creating
and maintaining a harassment-free and respectful workplace. We are
committed to creating, supporting and maintaining a Respectful Workplace
Program that focuses on the prevention and resolution of workplace
conflicts as they arise
The union’s responsibility
NAPE is committed to using the Respectful Workplace Program to resolve
conflicts, between union members and management. This
process will be conducted in a manner that is respectful and supportive
of all parties and work toward creating resolutions whenever possible. Where it is
appropriate, they will refer their members to the Program and follow up
to ensure a fair and lasting resolution.
Supervisors’ and managers’
responsibilities
Supervisors and managers are relied on to model respectful behavior.
They will take a proactive role to stop disrespectful behavior,
challenge inappropriate comments and jokes, and remove offensive visual
materials from offices, computers and inappropriate emails. They will
provide support to employees who are experiencing the effects of
disrespectful behavior, take responsibility for an appropriate personal
intervention or referral to other resources, and follow up to ensure a
satisfactory resolution. If a supervisor or manager intervenes
personally, they will try to understand what has happened from all
perspectives, what the impact is on the employee, and what can be done
to restore the workplace to a respectful environment.
Employees’ responsibilities
All employees are encouraged to address disrespectful behavior when
it happens, refuse to participate in that behavior, support their
colleagues, and be aware of
their own role in bring about disrespectful behavior in the workplace. Laws, policies,
regulations, and procedures are important, but do not by themselves
guarantee a respectful workplace. Each employee can have a powerful
impact on the environment in which they work by being aware of their own
behavior.
RWP Coordinator responsibilities
The RWP Coordinator encourages involved parties to assess all
Conflict Resolution options and to decide which steps, if any, they
might wish to pursue. These include but are not limited to:
- Conflict coaching and/or mediation
coaching
- Conflict consultation to help you
resolve the problem
- Facilitated Discussion
- Mediation
- Multi-Party Mediation
- Group/Team Interventions
- Tailored Training
- Workplace Capacity Building
1.
What do I do if I am accused of
disrespectful behaviour?
If your behaviour becomes the focus of an
RWP discussion, you are encouraged to become involved to help resolve
the conflict. Be willing to listen to what the problem is about. Try to
be open to the other person’s perspective and see if there could be a
misunderstanding. Something that you consider to be humourous, for
example, may be offensive to someone else. Consider the impact of your
actions on the other person and be willing to make reasonable changes
that could make a difference. You are encouraged to discuss your
concerns with your supervisor or manager, union steward, Human Resources
division or the Respectful Workplace Program coordinator. They will
assist you to determine what you can do to help bring about a
resolution. All discussions with the RWP Coordinator will be
confidential and no action will be taken without your approval.
2.
What do I do if I observe
disrespectful behaviour?
If you observe someone else being treated
in a humiliating, degrading or disrespectful manner, offer them your
support by informing them of their options and the conflict resolution
services available to them. It is important to encourage them to bring
their concerns to the attention of the other party or another person
(manager, union, RWP coordinator) who can help bring resolution to the
situation. If your offer is accepted, help this person to assess their
options and get connected with the appropriate person. If your offer is
refused because the person may feel intimidated or afraid to take
action, you are encouraged to discuss the incident with the RWP
coordinator, your supervisor or a union steward.
1. How much will the mediation cost?
Mediation is free to Public Service
Employees. The cost is covered under the Public Service Commission
pervasion of Government Employee.
2. How long will the mediation take?
We will schedule a two-hour time period
for most mediation sessions, although some sessions may actually take
more or less time. We can continue the process as long as individuals
are willing and are working toward resolution.
Depending on the nature of the conflict, some mediations will be
scheduled for one two-hour session, while others will require scheduling
of two or more two-hour sessions. The mediator working with your
mediation process can advise you on the likely duration of any specific
mediation.
3. Where will the mediation take
place?
The mediation sessions will normally be
conducted at the Public Service Commission. Alternate arrangements will
be made in circumstances where this location is not suitable, for
example individuals outside the St John’s Area. Environment is
important. The goal is to work in a space that provides a safe, quiet,
and uninterrupted atmosphere.
4. Who should attend the mediation?
All the parties involved in the dispute
and the mediators must attend the mediation. For example you may want to
have one or more of the following people attend the mediation as well
for a variety of reasons:
- a friend or family member to provide
support;
- an interpreter, if language
difficulties are anticipated ...
It is important that you to feel safe and
comfortable with the process. Discuss any concerns you have, regarding
the need for people other than the disputing parties to attend the
mediation, with your mediator .
5. What
happens in a mediation?
Everyone involved in the conflict meets
together with the mediator. Some mediations are completed in one
session, while others may take two or more sessions. The mediator will
be able to provide some guidance on the likely duration of mediation for
a specific case. The mediation process generally follows this pattern:
- the mediator makes a short opening
statement explaining the process, establishing the ground rules for
how individuals should act, and reviewing the agreement to mediate.
- the mediator asks each party to
outline the conflict from his or her perspective, and explain the
issues that he or she wants resolved. Basically to tell their story
in relation to the conflict.
- the mediator works with those
involved and helps them to identify clearly and concisely the issues
that need to be resolved.
- the mediator helps the individuals
involved to identify and assess options for resolving the issues in
dispute, addressing the interests and needs of all parties
- during the mediation, the mediator
may meet separately with each party for a private discussion about
the conflict
- if the parties reach a settlement on
some or all of the issues, the parties will likely sign an agreement
which the mediator will assist them to prepare at the mediation.
6. What does a mediator do?
A mediator is specially trained to help
people involved in a conflict to reach a resolution which is acceptable
to all parties. The mediator's role at the mediation is to ensure that
the discussion remains focused, organized, and respectful. The mediator
does not make decisions about the conflict, or impose a resolution of
the conflict on the parties, and he or she does not give any form of
advice or opinions about the matters that are in conflict and need to be
resolved. In a mediation, the mediator will:
- establish and enforce ground rules
for respectful conduct
- structure and manage the discussion
- identify the fundamental issues that
need to be resolved
- help the individuals involved
generate options to resolve those issues
- ensure communication between those
in conflict is focused and productive.
7.
What happens if an individual
is
not satisfied with the mediation process?
Mediation is a voluntary process, and
consequently no one is ever forced to agree to anything in a mediation,
and individuals involved can end the mediation at any time.
If a person involved in a mediation decides he or she is not satisfied
with the mediation process, and does not wish to proceed any further, the person can end the mediation.
8.
What happens if the conflict is not
settled at the mediation?
If the individuals involved do not reach
a settlement of the conflict at the mediation, or if they reach a
settlement on some, but not all, of the issues in conflict, they are
free to use more formal processes to resolve the conflict, or the
remaining issues in conflict. They may also choose any other conflict
resolution method which they consider appropriate.
The mediation process can benefit employees even when they do
not reach a settlement of the conflict at the mediation. The mediation
process is likely to be of merit when some, but not all, of the issues
in conflict are resolved at the mediation, as the more formal process
for resolution of the remaining issues in conflict is likely to be more
focused and possibly shorter.
Please refer to the RWP coordinator responsibilities for other forms of
conflict resolution.
9. What are other collective agreement procedures?
When it is not possible to resolve a
conflict through all the resources available in the Respectful Workplace
Program, the individual may choose to pursue a resolution through the
appropriate collective agreement. This may lead to a more formal
procedure involving an investigation, adjudication, disciplinary action,
and personnel file documentation. This process takes longer, involves
more people and requires the complaint to be in writing. Although the
formal process frequently results in the cessation of the harassing
behaviour, it is not always possible to address the damage to the
relationships between the two parties involved in the conflict.
Human Rights complaint
Any
individual is also entitled to file a complaint with the
Newfoundland Human Rights Commission if they believe that they have
been subject to discrimination as identified in the Human Rights
Code of Newfoundland. Cases of personal harassment are not
prohibited by Human Rights legislation and cannot be addressed
through the Commission unless falling into one of their prohibited
areas. For additional information on procedures, guidelines and
prohibited grounds for discrimination visit
http://www.gov.nf.ca/hrc.
Legal recourse
Individuals have the right to seek relief from other individuals who
interfere with their rights and their freedom as defined by the laws of
Newfoundland and Labrador and of Canada. The decision to seek legal
recourse is a private one between the individual and their lawyer.
Police report
Any incident which involves a threat to cause bodily harm, assault,
sexual assault or any other risk to an individual can also be reported
to the police.
Harassment policy complaint
Individuals can also choose to file a complaint under
the Harassment and
Discrimination Free Policy of Government. A copy of the policy can be
found on the website www.gov.nf.ca/hrpm. You can also receive information on this policy
by contacting the Public Service Secretariat, the RWP Coordinator of the
Public Service Commission, your Human Resources division or your
Manager.
