<aside> ☑️ We are committed to creating and maintaining a collegial and professional working environment in which all individuals are treated with respect, fairness, and dignity.
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<aside> <img src="/icons/question-mark_green.svg" alt="/icons/question-mark_green.svg" width="40px" /> Our Respectful Workplace policy exists so that our team understands that incidents of discrimination, bullying, or harassment in the workplace are not acceptable or tolerated.
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Lagree West Ltd. (“Lagree West”) is committed to creating and maintaining a collegial and professional working environment in which all individuals are treated with respect, fairness, and dignity. Lagree West has adopted this policy to ensure that it is clear that incidents of discrimination, bullying or harassment in the workplace are not acceptable or tolerated.
The purposes of this policy are:
This policy applies to all those who work for or provide services to Lagree West in any capacity, as well as those who they may interact with in the course of their duties or the performance of their services.
This policy applies to related work functions or activities where there may be an impact on the work relationship, environment or performance. This may include:
Discrimination and Discriminatory Harassment: The BC Human Rights Code protects employees from discrimination in the workplace.
Discrimination is defined as adverse treatment in employment (or any term or condition of employment) in which a protected ground under the Human Rights Code is a factor. The protected grounds include race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, age, or conviction of a criminal or summary offence that is unrelated to the employment or intended employment.
Discriminatory harassment is any unwelcome conduct based in whole or in part on a protected ground that is known, or reasonably ought to be known would detrimentally affect the worker’s work environment.
Sexual Harassment is a form of discrimination. It can occur between people of the same or different sex, gender or sexual orientation.
Sexual harassment is defined as any conduct or comment by a person of a sexual nature which endangers an individual's continued employment, negatively effects their work performance, or undermines their sense of personal dignity. It can manifest itself blatantly in forms such as leering, grabbing, and even sexual assault, or in more subtle ways such as innuendos, jokes, or propositions for dates or sexual favours.
Bullying and Harassment: WorkSafeBC considers bullying and harassment to be a workplace hazard. Bullying and harassment 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 excludes any reasonable action taken by Lagree West or a supervisor relating to the management and direction of employees, independent contractors, or the place of employment.
Examples of Bullying and Harassment:
Examples of prohibited conduct or comments include verbal or physical aggression, making insulting comments or calling someone derogatory names, vandalizing personal belongings, harmful hazing or initiation practices, targeted isolation, spreading malicious rumours, or any conduct that creates an intimidating, offensive or hostile work environment.
Examples of conduct or comment that is not Bullying and Harassment:
Not every unpleasant interaction, instance of workplace conduct, or incident of inappropriate, offensive or disrespectful conduct is bullying and harassment. The behaviour must be humiliating or intimidating to be considered bullying and harassment.
Examples of behaviours that may not be bullying and harassment, if undertaken in an appropriate manner include the following:
Reasonable action to direct and manage employees or independent contractors that is taken by Lagree West or a supervisor is not bullying or harassment. Examples of reasonable supervisory action might include decisions relating to the following:
Management Responsibilities
Lagree West is responsible for creating and maintaining a respectful and professional workplace where workers are empowered to be their best. Lagree West must address potential problems proactively to prevent or address prohibited conduct under this policy. Lagree West will promptly respond to, investigate, and take any necessary corrective action regarding complaints of bullying and harassment.
Worker Responsibilities
Workers must not engage in any form of bullying or harassment. All workers share the responsibility for maintaining a safe and respectful workplace free of bullying and harassment, and must comply with this policy. Workers must report any incidents of bullying or harassment observed or experienced, whether or not they are directly involved. Workers must also participate honestly and forthrightly in any investigation of allegations of bullying and harassment conducted by or on behalf of Lagree West.
Informal Resolution
Concerns about conduct or comment that is not discrimination or bullying and harassment should be addressed through cooperative resolution in a professional manner. If possible, the worker should advise the other person about the concern. Both parties are expected to engage in a professional and collaborative effort to address these concerns.
If the informal process is inappropriate in the circumstances, or the worker’s attempts to address the conduct or comment are unsuccessful despite best efforts, the worker should either utilize the formal process below and outline in writing the concerning conduct or comment as well as the efforts made to address the situation or provide this information in a confidential email to their supervisor.
Formal Reporting Process
Workers who experience or witness discrimination or bullying and harassment must report it in a timely manner.
Workers should also attach any supporting documents, such as emails, handwritten notes, text messages, social media posts, or photographs. Workers should keep a written record of dates, times, witnesses and nature of the behaviour.
Confidentiality
Allegations of discrimination or bullying and harassment may involve sensitive disclosures. To protect the integrity of the process as well as the interests, privacy and reputation of all involved parties, Lagree West expects workers involved in the formal process to maintain confidentiality at all times.
Confidentiality is not the same as anonymity. In keeping with the principle of fairness, the Respondent must have sufficient information about the Complaint to be able to respond.
Lagree West will not disclose any information about a Complaint except as necessary to investigate the Complaint, to take disciplinary action, or as required by law.
Investigation
HR will review all Complaints and conduct inquiries or an investigation which will be:
An incident or Complaint will be investigated in a manner appropriate in the circumstances. Depending on the nature and seriousness of the Complaint, the investigation may be on a spectrum of informal to formal. An investigation may include, at Lagree West’s discretion, an internal investigation or the use of external resources such as a third party investigator. The investigator may undertake some or all of the following procedures as deemed appropriate in the circumstances:
Workers are expected to cooperate with the inquiry or investigation, and accurately provide any details of acts of discrimination, bullying or harassment they have experienced or witnessed. Depending on the specific circumstances, Lagree West may be obligated to reassign or institute a leave for individuals during and/or after the investigation.
Lagree West may, where appropriate in the circumstances and at any stage of an investigation or following the investigation, engage the Complainant and Respondent in an appropriate mediated dispute-resolution process.
After an inquiry or investigation has been completed, Lagree West will then assess whether there has been a violation of this policy and any remedial measures or corrective action that should be taken in all of the circumstances.
The outcome of the investigation will be provided to the Complainant and Respondent, in keeping with Lagree West’s obligations to protect personal information, including employee personal information.
Retaliation: No reprisal, retaliation, or other adverse action will be tolerated against any worker for making a complaint of or reporting discrimination or bullying and harassment or for participating in the investigation of any such complaint or report. Any suspected retaliation or intimidation should be reported immediately.
Discrimination, Sexual Harassment and Bullying and Harassment: Engaging in comment or conduct that meets the definition of discrimination, sexual harassment, or bullying and harassment is a breach of this policy.
Fabricated, Malicious, Frivolous or Vexation Complaints: A complaint of discrimination or bullying and harassment is a serious matter. If Lagree West determines that a worker has made a Complaint that is fabricated, malicious, frivolous or vexatious (this does not include a Complaint that is made in good faith but not substantiated unless it is clearly frivolous), he or she will be subject to disciplinary action up to and including termination of employment for just cause.
Intention: Intention is not a requirement for there to be a finding that conduct or comment is prohibited under this policy.
Corrective Action: Breach of this policy by engaging in prohibited conduct will be addressed in a proportional manner, which may include discipline, up to and including termination of employment for just cause, or immediate termination of the independent contractor’s contract for services.
This policy will be reviewed annually to ensure its effectiveness and compliance with applicable legislation.
A copy of this policy will be made available to all workers. All workers will be trained on this policy and Lagree West will require workers to review the policy annually.