Violence and Harassment Policy
Kotn wishes to comply with its legal obligations as set out in the current applicable legislation, and more specifically provide its personnel with a work environment free of all forms of harassment, discrimination, and/or workplace violence.
Kotn favours harmonious interactions based on trust, mutual support and respect, and is committed to using reasonable means to prevent or stop any form of harassment, discrimination and/or workplace violence in its work environment whenever such conduct is reported.
OBJECTIVES
Provide a work environment that is free of all forms of harassment, discrimination, and/or workplace violence;
Raise awareness and provide information to its personnel to prevent all forms of harassment, discrimination, and/or workplace violence;
Promote respect among individuals;
Protect the dignity and the physical and psychological integrity of its personnel;
Provide necessary support to its personnel who believe they are subjected to harassment, discrimination, and/or workplace violence through an established procedure for assistance and recourse.
APPLICATION
This policy applies to all its personnel, including managers and senior executives, of Kotn. The policy also applies to third parties, including but not limited to, visitors, clients, suppliers and subcontractors.
This policy applies to all incidents related to work, occurring in or out of the workplace, during or outside regular work hours, to the extent that such incidents affect the work environment of Kotn. The policy also applies to the use of social media and to social activities (celebrations, team activities, and so on).
This policy does not deprive its personnel of their resources, within the prescribed time limit, as set out in the current legislation or their employment agreement.
DEFINITIONS
Harassment:
Workplace harassment is an offensive conduct in the form of behaviours, comments or gestures that meet these four criteria:
It is repeated;
It is hostile or unwanted;
It is adversely affecting the dignity and psychological or physical integrity of a member of the personnel;
It is resulting in a harmful work environment.
A single serious incident of such misconduct may also constitute workplace harassment whenever it has the same lasting harmful effect on the complainant.
Workplace harassment also encompasses sexual harassment and discriminatory harassment.
Sexual harassment:
Any unwelcome conduct, comment, gesture or contact of sexual nature in reference to sexual orientation, sexual identity or the expression of sexual identity that is likely to cause offence or humiliation to any person or that may, on reasonable grounds, be perceived by that person as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.
Discriminatory harassment:
This policy also covers all discriminatory harassment based on one or several of the following grounds: race, national or ethnic origin, colour, pregnancy, religion, age, gender, sexual orientation or identity, marital status, familial status, disability or a conviction for which a pardon has been granted.
Workplace violence:
Workplace violence refers to any behaviour, conduct, threat or gesture by one person against another, in the workplace or in a work-related setting that may cause physical harm, injury or illness.
The following situations do not qualify, as such, as harassment, discrimination, and/or workplace violence:
Actions by managers set out in their job descriptions, even if such actions may at times have unpleasant consequences;
Performance review and work performance management;
Justified corrective or disciplinary measures;
Disagreements or dissensions among colleagues or with a manager;
Accidental and unintentional gestures, for example, a client who stumbles and bumps into a member of personnel.
GUIDING PRINCIPLES
Kotn is committed to:
Not tolerate any form of harassment, discrimination, and/or workplace violence and use reasonable means to stop any form of harassment, discrimination and/or workplace violence should it occur and of which it has been advised in accordance with this policy;
Ensure the consistent application and distribution of the present policy to all employees;
Handle all complaints diligently and impartially;
Use reasonable means to ensure that complainants, witnesses, and other concerned persons do not suffer any prejudice and are not subjected to reprisals;
Handle all complaint-related information with confidentiality, unless such information is required as part of an investigation or disciplinary process or otherwise as required under any legal or regulatory requirement;
Raise personnel awareness of the shared responsibility of ensuring a work environment free of harassment, discrimination, and/or workplace violence;
Team members must commit to:
Behave in a manner free of any form of harassment, discrimination, and/or workplace violence.
PROCEDURE FOR HANDLING COMPLAINTS
STEP ONE - REPORTING:
A member of the personnel who believes they are being subjected to harassment, discrimination, and/or workplace violence may speak to their direct manager, if their manager is doing the alleged harassment, they should speak to the Senior Manager, People Operations.
A manager who learns (whether by observing it, hearing it second hand, or hearing it first hand) that a member of personnel believes they are being subjected to harassment, discrimination, and/or workplace violence is responsible to notify the Senior Manager, People Operations, who will investigate the alleged incident and escalate the case as may be required.
A report of workplace violence or harassment must include details about the alleged incident(s), including the date(s), time(s) and location(s), what happened, who was involved and the names of any witnesses. If an emergency exists and the situation is one of immediate danger, then it should be reported to the police by dialling “9-1-1” as soon as it is safe to do so. A person in a situation of immediate danger must at the same time take whatever steps are necessary to ensure their own safety and to protect themselves from harm or injury. Once an employee is safe, he or she can then report the matter to management.
Employees must notify the Senior Manager, People Operations, if a restraining order is in effect, or if a potentially violent non-work-related situation, such as domestic violence, exists and could result in violence in the workplace.
Duties of Management and Supervisors
Managers and supervisors must act immediately if they observe or are presented with allegations of a potentially dangerous situation, including domestic violence. Managers and supervisors are responsible for addressing potential problems immediately and before they become serious. At all times, managers and supervisors should ensure Managers and supervisors must act immediately if they observe or are presented with allegations of a potentially dangerous situation, including domestic violence. Managers and supervisors are responsible for addressing potential problems immediately and before they become serious. At all times, managers and supervisors should ensure that they are operating within the guidelines of KOTN policy and should consult with the Senior Manager, People Operations prior to taking definitive actions. they are operating within the guidelines of KOTN policy and should consult with the Director of People Operations prior to taking definitive actions.
Kotn reserves the right to intervene at any time, whether a complaint has been made or not or whether it has been withdrawn or whenever there are reasons to believe that harassment, discrimination, and/or a workplace violence situation may exist.
STEP TWO - INVESTIGATION:
Upon receipt of a complaint(s) or allegation(s) of workplace violence or harassment, the Senior Manager of People Operations shall conduct a prompt, thorough and confidential investigation into the allegation(s) or complaint(s).
An investigation will also be conducted if the Senior Manager indirectly becomes aware of an incident of workplace violence or harassment that is not formally reported, such as when an employee, supervisor or manager witnesses an incident of workplace violence or harassment or learns about it from a third party.
Kotn may, at its discretion, or where required by law (e.g., in the case of a conflict of interest), utilize the services of a third-party investigator. Kotn may also, at its discretion, or where required by law, utilize the services of outside legal counsel, or such other external expertise as may be deemed necessary in the circumstances. Ultimately, it is the aim of Management to conduct investigations that are appropriate in the circumstances.
A complaint or allegation of workplace violence or harassment cannot be investigated by the individual who is the alleged harasser, or by the individual who is alleged to have engaged in violent or harassing conduct.
Furthermore, under no circumstances will a complaint or allegation of workplace violence or harassment be investigated by an individual who is under the direct control of the alleged harasser. The Director of People Operations will take all reasonable steps to ensure that conflicts of interest are avoided.
The investigation procedure is as follows:
Analyze the complaint;
Interview the complainant, as well as any other respondents, witnesses or other individuals required to objectively and fairly assess the situation;
Document and maintain detailed notes of all interviews with employees and witnesses, as well as all other information relevant to the investigations;
Determine results of the investigation and communicate to Management
Communicate recommendations on the outcome of the case, to the complainant and other parties involved
STEP THREE - ACTION:
Upon completion of an investigation, the results will be communicated in writing to the employee(s) who reported the alleged violence or harassment. It is important to note that the outcome of an investigation and any resulting reports are not reports for the purposes of section 25 of the OHSA. Rather, the affected parties will be provided with a summary of the outcome and of any corrective or disciplinary action(s).
If the investigation corroborates the complaint(s), to the satisfaction of Kotn Management, then it will, among other things, take appropriate disciplinary action against the offending individual(s) and take any other actions or measures it deems necessary to properly address the incident(s) and prevent future incidents of workplace violence or harassment from occurring. The nature and extent of any disciplinary or remedial action shall be determined by Kotn Management in its sole discretion and may include the immediate dismissal of the offending employee(s) for cause.
Where an investigation results in disciplinary action, the complainant(s) and the respondent(s) will be informed in writing. If the investigation does not corroborate the complaint(s), then the complainant(s) and the respondent(s) will be also advised in writing and the matter will be closed.
The amount of information provided about the corrective action will depend on the circumstances but must, at a minimum, indicate what steps Management has taken, or will take, to prevent a similar incident of workplace violence or harassment if workplace violence or harassment is found to have occurred.
EMPLOYEE COOPERATION
If it is necessary for the purposes of completing, carrying out or protecting the integrity of an investigation, or if it is necessary to maintain a work environment that is safe and free of violence and harassment, Kotn may require an employee to remain out of the workplace (with pay) while an investigation is being conducted.
The participation and cooperation of all employees is critical to the development and implementation of this policy. The refusal or failure of any employee to cooperate with an investigation is a serious form of misconduct for which an employee may be disciplined up to and including immediate dismissal for cause.
CONFIDENTIALITY
Kotn recognizes the difficulty of coming forward with a complaint of workplace violence or harassment and a complainant’s interest in keeping the matter confidential. To protect the interests of a complainant, a respondent, or any other person who may be involved in incidents of workplace violence or harassment, including witnesses, and to protect the integrity of the investigation process, confidentiality will be maintained throughout any investigation. Information relating to the complaint will be disclosed only to the extent necessary to carry out this policy, or where disclosure is required by law.
All individuals involved in a workplace investigation are expected to keep the substance of the investigation strictly confidential. Unless otherwise set out in this policy, all records of complaints, including records of meetings, interviews, results of investigations and other relevant material, will be maintained in a confidential file and will be disclosed only to the extent necessary to carry out these procedures or where disclosure is required by law.
All such records will be retained in accordance with any privacy policies and procedures that are in effect, and as required by law.
This policy shall be monitored and reviewed on an ongoing basis and shall be amended and modified as management deems necessary, or as required by law.
RECORD-KEEPING
No information is recorded in the employee file of the persons involved in the complaint process. Only the information regarding administrative and/or disciplinary measures may be kept in the employee file of the person to whom such measures are applied, with reference to the complaint record.
Sanctions for non-compliance
Kotn shall take appropriate measures of an administrative and/or disciplinary nature (up to and including dismissal if the perpetrator is a member of Kotn’s personnel), against any person who engages in harassment, discrimination, and/or workplace violence.
Any person in breach of the present policy is guilty of a serious infraction and is subject to administrative and/or disciplinary measures, up to and including dismissal.
Reprisal
No reprisal shall be tolerated against any person who discloses, in good faith, a situation they believe to be harassment, discrimination and/or workplace violence or who provides information regarding a complaint or an incident of this nature.
A member of the personnel who engages in reprisal of whatever nature or threatens reprisal shall be subject to administrative and/or disciplinary measures, up to and including dismissal.
Dishonest or bad faith complaints and false statements
A member of personnel who knowingly makes an unjustified complaint, false statements as part of an investigation or an abusive use of the present policy may be subject to administrative and/or disciplinary measures, up to and including dismissal.
Laws, regulations and policy
In the event of incompatibility between the content of the present policy and any government laws or regulations, the latter shall prevail.
EFFECTIVE DATE
The present policy replaces and abrogates all previous policies and practices and comes into effect on September, 2021.