What can I do to prevent conflict and harassement? Resolving a Complaint/Conflict Informally

INTRODUCTION

As part of its labour relations and representation program, the Association deals with issues in the workplace involving conflict and allegations of harassment between members and their supervisors and other levels of management, as well as issues between members and other employees.

The following information is provided to assist members in better understanding harassment issues and conflicts, and what members and the Association can do to prevent and resolve difficult situations in the workplace as early and informally where practical and possible.

Prevention is key and is everyone's responsibility. Preventing conflict and harassment is better than dealing with it after the fact. Here are some tips:

• You can contribute to an atmosphere of mutual trust, support and respect. Courtesy, respect and restraint are basic tools we need for getting along with each other.
  
  
• If you're not sure whether something you do or say could offend someone - ask! Think before you speak. Be conscious of body language. Body language, tone of voice and sudden silences may show if a person is uncomfortable with what you are doing or saying. While a person who feels offended with certain comments or behaviour should let you know, they won't always feel comfortable enough to do so. You need to be alert to how individuals react to your behaviour. There are many employees with different cultural backgrounds, religions, sexual orientations and with various disabilities. Body language and actions may vary in meaning and may not be interpreted the same way by everyone.
  
  
• Even if you meant no harm, if you suspect that you have made someone feel uncomfortable, embarrassed or degraded, your behaviour may have caused a problem. Talk to the person, apologize and modify your behaviour to prevent further incidents. This can mean for example, simply toning down your voice or not telling certain jokes. This may seem somewhat restrictive, but good workplace relationships require accommodation by everyone.
  
  
• Inappropriate behaviour, like harassment is a serious issue, and the department has a responsibility to intervene and to resolve complaints without delay.
  
  
• If you feel offended about someone's behaviour, make your concerns known. The person may not be aware that the behavior is offensive: talking about it can help the person to realize he/she is offending you. In many instances, simply letting the person know how you feel can lead to resolution. Whatever you do, it is important not to be judgmental and to remain respectful of the other person.
  
  
• If you see behavior that is inappropriate in the workplace, you can speak to the person responsible in private regardless of his/her level in the organization, and tell the person how his/her behaviour may be or has been interpreted.
  
  
• Keep a record. Make a note of incidents and how they were handled. Don't view this as a way to "get the goods on someone", but as a way to ensure that your recollection of events is accurate over time.
  
  
• If you supervise employees, be alert to the workplace atmosphere. Your presence can influence how people behave. Be a role model. Insist on and give respect to employees at all levels. Also let the employees you supervise know that you are willing to help resolve disagreements. Look for early signs of stress and conflict in the workplace that can lead to harassment. Recognize communication problems between you and the employees, and address them through training or conflict resolution methods. Deal with conflicts and complaints promptly. Delay allows the situation to escalate further. When in doubt, seek assistance from your Association, Human Resources or your Office of Early Conflict Resolution (where applicable).

Other Options - Informal Resolution

Your Association can also provide confidential expert advice and assistance on how to prevent and resolve conflicts and harassment issues. Obtaining assistance from the Association to resolve these more difficult situations in a non-confrontational way, is well worth the effort in order to reduce the chances or necessity of a formal complaint being laid.

The assistance of a neutral third party can also lead to workable solutions without resorting to a formal complaint. A colleague may suggest ways to deal with the conflict. The person you choose to provide you with advice should be selected with care and, ideally should be someone with a reputation for honesty, integrity and impartiality. He or she should also be someone who can appreciate the sensitivity of the situation for everyone involved and who will respect confidentiality and privacy. Not all situations lend themselves to the involvement of a third party. Think carefully when deciding which course of action will be the most helpful and constructive in finding a solution.

The Employee Assistance Program, your Human Resources Advisor, the Early Conflict Resolution Office (where applicable) also play a key role to providing advice, support and alternatives to formal redress/recourse processes.

RESOLVING HARASSMENT COMPLAINTS FORMALLY

Sometimes there is no simple solution and a more formal option needs to be considered. Several redress mechanisms are available under the current Treasury Board policy on harassment. The harassment policy is currently under review and is scheduled to be released in 2001. Among other changes, amendments are being sought to streamline the number of formal redress avenues.

Within a year of the incident(s), a formal complaint is to be filed with the appropriate departmental official(s) who initiates the formal harassment complaint process by acknowledging the complaint. The complaint is then reviewed to determine if the alleged facts meet the definition of harassment. A formal complaint can be in the form of an e-mail message, letter, memorandum, etc. A verbal complaint normally becomes a formal complaint when the information is confirmed in writing. For a complete description of the formal harassment investigation process, please refer to the respective policy of your department or agency, as the process may vary from one department to another.

Mediation must be made available to the parties once a formal complaint has been received, however, as mediation is voluntary, both parties must agree to such a step. It is recognized that mediation is not the cure-all for every situation, but it is usually the least intrusive and most acceptable process for all parties. For the Association, mediation has proven to be very successful and we view it as a very positive method of resolving informal and formal harassment complaints. Accordingly, the Association encourages its members to adopt mediation when the need arises.

In the event that an harassment complaint is filed against you, immediately contact the Association at the National Office. A representative will provide timely advise and will assist and accompany you throughout the entire proceedings if so required. Ask for a complete statement of the details of the complaint against you. You are entitled to respond to the complaint, and the Association representative will assist you in the development of your rebuttal document which must be detailed enough to allow the investigator who is unfamiliar with your place of work to understand the overall situation and properly weigh all of the details surrounding the complaint. Remember, never take a harassment complaint lightly.

CONCLUSION

For a more detailed description of harassment and its underlying legal principles and impact on the workplace, members are encouraged to read a recent decision of the Public Service Staff Relations Board, file: 166-2-27331 - citation: 2001 PSSRB 27, Web site: www.pssrb-crtfp.gc.ca

As noted by the adjudicator in paragraph 63,

"...it must be clearly understood that harassment is not a weapon to be placed at the disposal of people in the workplace. It does not belong in disputes or disagreements that frequently arise between employees, or between managers and employees. Nor should it be used as a tool to resolve such disagreements or disputes - although the discussion and mediation approach contained in harassment policies is a constructive way of addressing personal, or authority based, disputes in the workplace."

Another reference in the decision clearly states that,

"...one does not need to be told that you do not torment and demean another person and do so repeatedly such that you make them miserable and make them hate coming to work. That applies to any harassment - sexual or not. Quite simply, any person with a modicum of goodwill and respect for his fellow man, would know better."

While the message is obvious, it is clear that harassment is a serious workplace issue which involves a high degree of cooperation between employees and tolerance for others.

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