STEELWORKERS

ANTI-HARASSMENT
WORKPLACE TRAINING
PROGRAM
Lawrence McBrearty,
National Director
United Steelworkers
234 Eglinton Ave. E., Suite 800
Toronto ON M4P 1K7

A program jointly sponsored by Human Resources Development Canada.
"

Government Gouvernement
■ of Canada
du Canada

1

STEELWORKERS ANTI-HARASSMENT
WORKPLACE TRAINING PROGRAM

I

March 2001

Dear Brothers and Sisters,

What is harassment? Why is harassment an issue for our union and the
companies where our members work? How can we work with companies to prevent
and deal with incidents of harassment?
The Steelworkers Anti-Harassment Workplace Training Program, through
small group discussions, videos and an anti-harassment quiz have been helping
workers, managers and supervisors define and address issues of harassment in
workplaces across Canada.
With the assistance of the federal and provincial governments, trained
Steelworker facilitators have conducted hundreds of sessions, reaching over 20 000
workers and front-line managers. While “we can’t make people like each other, we
can, through education and discussion, help to create a work environment where
people understand each other’s differences and treat each other with mutual
respect.
This booklet is designed to help staff representatives, local union executives
and negotiating committees raise the Anti-Harassment Workplace Training Program
with employers. It is not intended to be distributed to employers. If you need
support in negotiating the training with an employer, please seek the assistance of
your staff representative or district anti-harassment co-ordinator.
Jointly sponsored by the union and the employer, sessions are ideally two
hours in length and run in the workplace during working hours. The following
sections fully describe training objectives, including an outline of the two-hour
session.

Also included in this package is:
A list of participating companies (with reference letters available upon request).

Sample collective agreement language. Note: some bargaining units are now
negotiating anti-harassment training for future new hires as well as existing
employees.
a/

Tips for dealing with complaints of harassment.

a/

Current case law and trends as prepared by the Legal Department at the
Canadian National Office.
Excerpt from OC Transpo Inquest including recommendation to conduct anti­
harassment training for all employees.

STEELWORKERS ANTI-HARASSMENT SEMINAR:
TWO-HOUR WORKSHOP VERSION
OBJECTIVES:
1.

Increase participants’ understanding of harassment.

2.

Examine how harassment impacts on workers inside and outside of the workplace.

3.

Briefly explore relevant laws and the Union policies (and Company’s if applicable) to
prevent and deal with harassment.

AGENDA
Introduction and Objectives

”*0 Minutes

In this segment, facilitators introduce themselves and give a brief history of their
personal experience and background. In addition, they thank both the employer and
the local union for sponsoring the training. Facilitators will review objectives and
expectations for the session. If time permits, facilitators may ask participants to
introduce themselves and state what their job is with the employer.
Video: Workplace Discrimination

30 Minutes

This seven minute video developed by the City of Toronto raises many issues for
discussion. The focus is mainly on sexual and racial harassment. Participants are
asked to think about the following questions during the video.

•
•
•

Where was the sexual and racial harassment in the video?
Who was affected by it and how were they affected?
Who has the responsibility to correct the problem?

Video: Harassment: Keeping It Out of the Workplace

40 Minutes

This video was developed by Workwell Training videos. The purpose of this video is
to explore the different kinds of harassment faced by workers in addition to sexual
and racial harassment. The issues raised in the video are:
Scene #1:

“Sexual Harassment” between co-workers - otherwise defined as
improper and unwelcome conduct that puts one of the parties in an awkward,
uncomfortable and threatening position.

United Steelworkers Anti-Harassment Workplace Training

Scene #2:

“Abuse of Power or Authority” “Bullying” - defines the use of
Intimidation, Demoralization, Offensive Remarks, Belittling and Threatening
Behaviour and are seen in their true light as appalling practices that affect
the organizations morale, productivity and profitability.

Scene #3:

“Discrimination of a person with a disability” - shows that what some
might consider to be harmless fun, even away from the workplace, can be
very damaging to a person’s self esteem. The parties involved appear
reckless and abusive in their judgement of another person.

Scene #4:

“Racism” Harassment of workers on the grounds of Race, National Origin,
Sexual Orientation, Physical Characteristics or Disability cannot be tolerated
and clear policies must be established, so that we may learn to treat all
people and colleagues with respect and dignity.

Scene #5:

“Exclusion” “Discrimination and Racism” - as defined in Scene #4. It is
not only cruel but childish behaviour and more simply said we must apply the
Golden Rule to treat others, as we would like to be treated. We all have the
responsibility to accept diversity in the workplace and in all areas of our lives.

Scene #6:

“Verbal Abuse” - It is never acceptable for people to verbally attack
someone - no matter who they are, Client/Customer or internally amongst
co-workers or colleagues. There is no excuse for this type of behaviour, we
must always treat others with the respect and dignity we expect ourselves.

The main points we’re trying to get across are:

(1 )
(2)
(3)

If you’ve every harassed anyone, make a promise to yourself
not to do it again!
If you’ve ever been harassed, speak up. No one wants to be
afraid to come to work!
The bottom line is this: we all have the ability... or the
responsibility... to help make our workplaces safe and
welcome for everyone!

Harassment Quiz

25 Minutes

This quiz explores examples/issues of harassment that people may not see as
being as blatant as those in the two videos. We hope people will realize how issues
of harassment impact differently on people in the workplace. Through the discussion
we talk about the need for tolerance of individual differences and mutual respect.

United Steelworkers Anti-Harassment Workplace Training

The Law and Policies

10 Minutes

In this segment we discuss the importance of workplace policies to eliminate or
resolve incidents of harassment/discrimination in the workplace. We examine the
USWA policy as well as the employers policy (if applicable) so that participants are
again made aware that neither of the parties will tolerate or condone harassment at
work. It ensures people leave the session knowing what their policy says and how to
access it if they have a problem. It also makes sure they know what procedures are
in place to support the policy. We make people aware of the fact that there are
harassment complaints counsellors in place at the District and National levels who
can be used as a resource by the local union and/or employer.

We discuss the Human Rights Commission and the fact that employee’s have a
right to take a complaint forward for investigation by the Commission. We ensure
people are aware however of the negative aspects of that decision and why we
prefer they allow the workplace parties an opportunity to help them resolve the
complaint. If not satisfied with this resolution they can then take the complaint
forward to the Commission.

Review and Wrap Up

5 Minutes

rassment Workplace Training

PARTICIPATING COMPANIES IN THE ANTI­
HARASSMENT WORKPLACE TRAINING PROGRAM
Company (No. of Employees)

Company (No. of Employees)

A&P Warehouse (9)
ABT (150)
ACTRA
(32)
A.J. Forsyth (39)
A.O. Smith Enterprises (90)
Abbotsford Bingo (10)
Accommodex Franchise (Howard Johnson)
(39)
Aclo Compounders (6)
Alcan Canada Products (30)
Alcan Foil Products (108)
Alcatel Foil Products (155)
Algoma Steel Corporation Ltd. (4 500)
Algoods, Div. Of Alcan (14)
Aluminart Products Limited (68)
American Standard* (60)
Arvin Automotive Canada (300)
Associated Spring Operations, Barnes
Group (125)
Atlas Steel Company Ltd. (15)
BBA Non Wovens (120)
Beatrice Foods (40)
Bertrand Faure (500)
Blubber Bay Quarry (60)
Brampton, Mississauga & District Labour
Action Centre (28)
Cameo Inc. (100)
Canadian Heat Treaters (45)
Canadian Liquid Air (75)
Canadian Oxygen Limited (30)
Caradon Indalex (150)
Centra Gas (30)
Central Precision Ltd. (140)
Coburg Utilities Commission (35)
Collins & Aikman* (225)
Colorama Dyeing & Finishing Ltd. (60)
Cominco Ltd. (150)
Commercial Aluminum (45)
Cooper Tools (22)
Crane Canada (175)
Crown Cork & Seal Canada Inc. (285)
CTL (870)

Cummins Ontario Ltd. (15)
Dayco Purolator (6)
Depco Metal Products Limited (120)
Dimplex (150)
DMO Industries (165)
Dominion Castings (25)
Dover Industries Limited (137)
Dynatec Mining Ltd. (260)
Edwards (44)
Elkview Coal (520)
Emco Window & Door Centre (35)
Erno Manufacturing Company Ltd. (95)
Exal Aluminum Inc. (115)
Falconbridge (225)
Ferranti Packard (160)
Fib-Pak Inc. (100)
Fincore Industries Ltd. (48)
Fireco Inc. (95)
Ford Smith Machine Co. (50)
Foseco Canada Inc. (135)
Frigidaire/Eureka (86)
F.S. Tools Corporation (30)
Gananoque Steel Forgings (25)
Gates Canada Inc.* (500)
George F. Pettinos (Canada) Ltd. (30)
Good Year Tire (422)
Goshen Rubber Co. Ltd. (15)
Graham Packaging Canada (152)
Group 4 CPS (79)
Halltech Inc. (40)
Hall & Stavert (100)
Hartford Fibres (150)
Hawkesbury Hospital (60)
Heckett Canda, Div. Of Harsco (35)
Highland Manor (75)
Hunter Enterprises Orillia Ltd. (175)
ICI Forest Products (175)
IKO (150)
IMT, Div. of Canron Ltd. (200)
Inco Limited (45)
Indal Technologies Limited (75)
Indalex Limited (160)
United Steelworkers Anti-Harassment Workplace Training

Company (No. of Employees)

Company (No. of Employees)

Indalloy, Div. of Indal (65)
Ipsco (1,200)
Ivaco Rolling Mills (12)
John Crane (125)
John Fitzpatrick Co-op Housing (40)
Johnson Matthey (200)
Kamloops Towne Lodge (50)
Kimberley Alpine Resort (123)
Kootenay Savings (10)
Lake Erie Development, Stelco (1 500)
Lakeview Nursing Home (20)
Lennox Industries (Canada) Ltd. (225)
Manchester Plastics Ltd. (500)
Marsh Engineering (100)
Meadowcroft Retirement Home (19)
Midas Canada Inc., Int-I. Parts Manufacturing (44)
Neelon Castings (325)
Nelson Steel*, Div. of Samuel Manu-Tech Inc. (60)

Sheraton Hotel (100)
Skills Centre (20)
Snap-On Tools of Canada (156)
Sonco Steel Tube (12)
Stackpole Limited (170)
Standard Products (340)
Stelco, Hilton Works (20)
Stelwire, Stelco Parkdale Works (15)
Streamline Copper & Brass (25)
Sutton Place Hotel (100)
SWF Auto Electric (60)
SWF Automotive Products (140)
Taylor Associates (40)
Texada Quarry (75)
Textron (1 200)
Thomas Lighting Inc. (100)
Town of Labrador City* (40)
Town of Wabush* (30)
Torcad Limited (50)
Trenton Works (35)
Township of Osgoode Care Centre (40)
Tycos Intrernational Canada Ltd. (10)
Uniroyal Goodrich (45)
Valspar Inc. (130)
Versa Care Nursing Home (56)
Vulcan Packaging (75)
Wabush Mines* (450)
Walbar of Canada (150)
Walker Exhausts Ltd. (15)
Waltec Inc., Waltec Components Div. (18)
Washington Mills (200)
Waterloo Furniture (700)
Welded Tube of Canada (330)
Worthington Cylinders (150)
WS Tyler Canada (100)
Zircatec Precision Industries (160)
Zircatec Precision & Cameco (15)

Nortel (100)
Northern Addiction Services (20)
Norton Company of Canada Ltd. (40)
O.E. (Office Equipment) Div. of Cannon (238)
Ontario Store Fixtures (800)
Otaco Seating Company (30)
Pinkerton’s of Canada Ltd. (55)
Pleasant Rest Nursing Home Ltd. (60)
Port Colborne Iron Works (25)
Pure Metal Galvanizing Industries (33)
Reichhold Limited (65)
Reynolds Aluminum (130)
RMS Ltd. (90)
Robinson Cone (90)
S.A. Armstrong (6)
Samuel Acme Strapping (90)
Sarsfield Nursing Homes (23)
Sasco Tube (17)
Security Guards/Ottawa (100)
Servico Limited (60)

* For letters of reference, please contact Marlene Gow at (416) 544- 5976.

United Steelworkers Anti-Harassment Workplace Training

SAMPLE COLLECTIVE AGREEMENT LANGUAGE
Steelworkers Local 8754 &

Alcan Foil Products,
Division of Alcan Aluminum
Limited
Letter of Understanding No. 6

Re: Seminar on Racial and

Sexual Harassment Issues
The Company and the Union
agree that within six (6) months
of the commencement of the
Collective Agreement they shall
conduct joint seminars of not
more than two (2) hours during
working hours on racial and
sexual harassment issues. The
Company and the Union shall
provide facilitators for such
seminars which shall be
attended by all Company
supervisors, lead hands, Union
stewards and committee
persons. No lead hand, Union
steward or committee person
shall suffer a loss of regular pay
for authorized time of up to two
(2) hours in attendance at such
seminars, held during their
regular non-overtime working
hours. The Company and the
Union further agree that within
nine (9) months of the
commencement of the Collective
Agreement such seminars shall
be conducted on Company
premises for other employees
during their regular working
hours without loss of regular pay
for authorized time in attendance
of upto one (1) hour for each
employee.

Steelworkers Local 13571-28
| & Alcan Foil Products,

| Divisionof Alcan Aluminum
Limited

Letter of Understanding No. 6
| Re: New Employee
I Orientation on Racial and

|
I
|
|
I
I

[

I
|
I
*
|
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j
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Sexual Harassment Issues
TheCompany and the Union
agree that new employees,
including employees hired since
the parties conducted their last
joint seminar on racial and
sexual harassment issues, shall
be given an orientation by the
Unit Chairperson and a
representative of management
with respect to the Company’s
policy against racial and sexual
harassment in the workplace.
On the same basis, such
orientation shall be provided to
new hires periodically following
their completion of the
probationary period. Such
orientation shall take
approximately one-half hour
without loss of pay during normal
working hours.

United Steelworkers Anti-Harassment Workplace Training

Steelworkers Local 9304 & Sutton Place Hotel
ARTICLE 2 - RELATIONSHIP
2.01 The Employer and the Union agree that there will be no

discrimination, interference, restraint exercised or practised by
either of them or their representatives or members because of an
employee’s membership or non-membership in the Union or

because of activity or lack of activity in the Union.

The Employer and the Union further agree that all current and future
bargaining employees will be required to attend a seminar specific to
Harassment (racial, sexual, and general). It is further agreed that the
Employer and the union shall jointly facilitate these seminars for a period
up to two (2) hours, within their scheduled working day. New employees
will attend Orientation programs that will address Harassment training.
These training seminars will commence 30 days from date of ratification
and signing.

Steelworkers Local 5917-16 &

The New Democratic Party of

Saskatchewan
ARTICLE 3 - HUMAN RIGHTS
The Employer agrees to develop,
jointly with the Union, a policy
against sexual harassment and
make all management personnel
and employees aware that violation
of the policy shall be subject to
disciplinary action. The Employer
also agrees to include the subject
of sexual harassment in staff or
management training sessions.

United Steelworkers Anti-Harassment Workplace Training

Steelworkers Local 8341-01 & Arvin Automotive of Canada Ltd.
ARTICLE III: Relationship
The Company and the Union shall jointly facilitate anti-harassment
training to be presented by an agreed neutral trainer to bargaining unit
employees and management commencing no later than September 1,
1997, and concluding no later than December 31,1997.

United Steelworkers of America (USWA) & Textron Automotive
Company (Textron)
RE: HARASSMENT TRAINING
\ The parties agree that there will be harassment training for both bargaining
unit and non-bargaining unit employees on the following basis:
I

I 1. The training will be provided by the USWA in consultation and optional
participation of a trainer selected by Textron. The training will be
presented on a non-partisan basis.

2. Textron shall pay the USWA the amount of $400.00 per training day. This
amount is fixed and does not change with the number of training sessions
per day or the number of trainers provided by the USWA. The first day is
I
free or the first three classes if on different days.

| 3. Textron will provide or pay for the costs of the training room and will pay
employees at their regular rate for hours lost from work for training which
shall be during regular working hours. Textron will pay the trainer(s)
overnight hotel room if there are successive days of training.
| 4. Training materials and presentation equipment will be provided by the
USWA. The Company will provide flip charts, TV and VCR.
5. The schedule fortraining will be set by Textron according to production
needs and subject to USWA trainer availability. The parties desire to
commence the training as soon as possible.

| 6. Training sessions shall be designed and scheduled, where possible, to
|
accommodate approximately 25 participants.

| 7. The parties will enter into a business contract to confirm this.

United Steelworkers Anti-Harassment Workplace Training

Dealing with
complaints of harassment:
TIPS FOR LOCAL UNION ACTIVISTS
1. Assure the person that you take their complaint seriously. Let them know that you are
aware how difficult it is to come forward with a complaint. Be a listener not a judge. If
the situation was bothering her or him, it is the right thing to come forward.

2. Ask if the person is comfortable discussing the problem with you. Assist them in
contacting one of the union’s designated counsellors.
3. If applicable, provide them with a copy of the union and company policy.
4. Let the person know how the options available in pursuing a complaint. These options
include:

a

Union to investigate and attempt to mediate a resolution

b

Union to approach management to investigate

c

Filing a complaint with the Human Rights Commission

d

Criminal or civil charges with policy investigation

5. Confidentiality. Reassure the person that your discussions and their comments will not
be shared with the alleged harasser or any witnesses. If the complaint becomes a
formal grievance or complaint, some parts of the case may become public.
6. Ask the person to document the incident(s) in writing. The documentation needs to
include:
a

Time and place of the incident(s)

b

Names of witnesses (if any)

c

What the harasser did and said (word for word if possible)

d

What they did or said and how she/he felt about it.

7. Make sure that there are some union members or community counsellors who can
provide emotional support to the person.
8. In some cases, the victim may need to take sick leave or file a workers’ compensation
claim or, if absolutely necessary, a temporary re-assignment could be made. After
discussing this with the victim, make sure that you obtain help to facilitate this process
as quickly as possible.

United Steelworkers Anti-Harassment Workplace Trainii

What is the role of
Harassment Complaints Counsellors?
Co-worker Harassment:

1.

With the victim’s permission, Harassment Counsellors investigate the complaint by
interviewing the victim, the alleged harasser and any witnesses.

2.

Counsellors attempt to mediate a satisfactory resolution. This mediation may result
in an apology or a written agreement between the victim and the respondent. This
agreement includes a promise that the offending behaviour will not recur. Most
complaints can be resolved in this way without any further intervention.

3.

If attempts at mediation do not succeed, the Counsellor, with the victim’s consent,
will advise the alleged harasser in writing that the victim may file a formal complaint
with the employer and/or human rights commission in the appropriate jurisdiction.

4.

If the alleged harasser still does not respond to mediation or no solution is possible
and/or incidents of sexual harassment or racial harassment continue, the Counsellor
will assist the victim in writing a letter to the employer.

5.

Once this letter is sent to the employer, the employer has a legal responsibility to
investigate. Negotiated collective agreement provisions, where applicable, will be
set in operation thereby involving an outside Harassment Investigator.

Supervisor/Worker Harassment:
1.

With the victim’s permission, Harassment Counsellors will speak confidentially with
the employer to determine whether the matter can be resolved.

2.

If no resolution is possible, the Counsellor may approach the local union to assist
the victim in filing a grievance.

3.

In the event that the grievance proceeds to arbitration, the victim will be required to
give evidence of the harassment. If an arbitrator allows the grievance, she/he (in
accordance with the collective agreement) may direct that the grievor not be
required to work with any supervisor or foreman found to have engaged in
harassment conduct.

With the victim’s permission, Harassment Counsellors investigate the complaint and
attempt to mediate a satisfactory resolution. If that fails, they may help the victim launch a
grievance.

Before you contact a counsellor, please contact your Staff Representative and have her/him
call Sue Milling at 416-544-5968 or Michael Lewis at 416-243-8792.

United Steelworkers Anti-Harassment Workplace Training

PROHIBITED GROUNDS FOR DISCRIMINATION
IN HUMAN RIGHTS LEGISLATION
Yukon Territory

Nunavut

Saskatchewan

Quebec

Ontario

Nova Scotia

Newfoundland

New Brunsw ick

CD

Manitoba

British Columbia

Alberta

Canada (Federal)

CD

N orthw est Territo

Prince Edward Isla

CD

Grounds
Dependence on Alcohol/Drugs
Race
National/Ethnic Origin

Colour

Religion
Age

Sex

Pregnancy/Childbirth

Marital Status
Pardoned or Record of

Criminal Conviction

Mental Disability

Physical Disability

Ancestry & Place of Origin
Political Beliefs

Family Status

Sexual Orientation
Harassment
Civil Status

Language
Source of Income
Social Condition/Origin

Creed
Based on Association

United Steelworkers Anti-Harassment Workplace

Notes:
Pregnancy/Childbirth - In Alberta, discrimination on the basis
of pregnancy is deemed to be discrimination on the basis of
sex. In Ontario, Manitoba, Nova Scotia and the Yukon
discrimination on the basis of pregnancy is included in
discrimination of the basis of sex.
**

Sexual Orientation - Protection is read into the Alberta and
Northwest Territories human rights codes after the Supreme
Court of Canada case Vriend v. Alberta [1998] SCJ No. 29
(S.C.C.).

***

Harassment is banned on all proscribed grounds of
discrimination except in New Brunswick and Nova Scotia
where it only refers to sexual harassment.

Also:

Criminal Conviction - Codes for Canada and Northwest Territories
specify no discrimination on grounds of criminal conviction “for which
a pardon has been granted”; British Columbia Code specifies no
discrimination on grounds of criminal conviction “if not related to
employment/intended employment”; Quebec Charter specifies no
discrimination if “pardon has been granted” or “if not connected to
employment”.

United Steelworkers Anti-Harassment Workplace Training

RECENT ARBITRATION AND HUMAN RIGHTS
COMMISSION DECISIONS DEALING WITH
ISSUES OF HARASSMENT

Two sexual harassment complaints were filed against a supervisor by other
female employees, but rumour spread that Lippe was one of the
complainants. The employees were nearly entirely male, the female
employees were ostracized by the rest of their co-workers. As the
workplace became more tense, pornographic materials appeared in the
workplace, and sexist and discriminatory comments were made to Lippe by
other employees. Lippe also received threats of assault and rape from
other employees. Lippe began to suffer from depression, and her job
performance began to deteriorate. Shortly after receiving a bad job
evaluation, Lippe quit her job. Lippe later filed a complaint with the
Quebec Human Rights Commission stating that she had been forced to quit
as a result of the sexual harassment she had suffered. The Employer denied
that the allegations made by Lippe constituted sexual harassment.
The Commission held that the workplace in this instance was a hostile
environment, which constitutes sexual harassment. To determine if the
environment is hostile, it is necessary to look at the totality of
circumstances, the seriousness of the incidents, how a reasonable person
would have interpreted the incidents and how the victim interpreted and
was affected by the incidents. The impact on the victim includes factors
such as the impact on the victim’s dignity, physical and mental integrity,
private life, reputation and security. The Commission went on to find the
Employer was responsible for the harassment of Lippe, since it failed to
remedy the poisoned environment which existed in the workplace. The
Employer was order to rehire Lippe and pay her substantial damages.

Drummond v. Tempo Paint and Varnish Co., Division of Towers
Chemical Ltd. [1999] O.H.R.B.I.D. No. 1

Human Rights Tribunal Cases

Lippe v. Quebec Public Security Department [1998] J.T.D.P.Q. no 43

Drummond was subject to repeated sexual harassment and assault by two
male co-workers. Drummond complained to the Owner of the Employer
who refused to respond or even acknowledge her complaint. A later
incident of sexual harassment led to the police charging Drummond’s co­
workers with sexual assault. The Employer required Drummond to continue
working with the two abusers, and did not discipline either of them. The
harassment continued after this incident, until Drummond was dismissed as
a result of an argument she had with her supervisor about an unrelated
matter. Drummond filed a complaint with the Ontario Human Rights
Commission alleging harassment and discrimination, and naming the
Employer and the two harassers.
United Steelworkers Anti-Harassment Workplace

The Commission held that an employer is liable for harassment by an
employee where the employer knew or ought to have known of the
offending behaviour and failed to take any steps to stop it. Management
employees may also be held personally liable for harassment by
employees where they knew or ought to have known of the harassment,
and failed to take any steps to stop it. The Commission held that the
Employer, the owner of the Employer, and another managerial employee
were each liable for the harassment suffered by Drummond, as well as her
losses arising from the dismissal.

Gonsalves v. Catholic Church Extension Society of Canada [1998]
O.J. No. 3404

Court Cases

Gonsalves was a long term supervisory employee who oversaw the work
of ten female employees. A number of allegations about sexist and
disrespectful comments came to the attention of the Company, which
changed the administrative structure so that two of the complaining
employees were no longer supervised by Gonsalves. Subsequent to this
change, Gonsalves did not engage in any inappropriate behaviour. Seven
months later, one of the employees who had been removed from
Gonsalves supervision disclosed that she had been repeatedly sexually
harassed and sexually assaulted twice by Gonsalves. The Company
President confronted Gonsalves with these allegations. Gonsalves denied
them, but was not believed, and the Company dismissed him.
At trial, the Judge held that allegations were true, but that Gonsalves had
ceased his inappropriate behaviour seven months prior to his dismissal,
and that he was entitled to a warning before a dismissal. Gonsalves was
awarded twenty months salary by the Court.

The Employer appealed the ruling of the General Division Court. The
Ontario Court of Appeal held that Gonsalves’ conduct was so serious that
the Employer had no choice but to dismiss him, because of the impact
his presence would have on his victim. Where the victim would be
negatively affected by the continued employment of the Harasser, the
Employer may need to dismiss the Harasser. In addition, by falsely
denying the allegations against him, Gonsalves limited the Employer’s
ability to discipline him with a lesser penalty than dismissal.

Simpson v. Consumers’ Association of Canada [1999] O.J. No. 746
Simpson was dismissed by the Employer as a result of numerous incidents
between himself and several female employees of the Employer.
Specifically, the Employer alleged that Simpson had tricked a female co­
worker into going to a strip club, had had an affair with his secretary and
then raised her salary, had appeared naked at his cottage, where a
number of co-workers had attended for some work related issues, had
appeared naked along with some fellow employees on a business trip,
United Steelworkers Anti-Harassment Workplace Training

and had sexually assaulted a co-worker at a company gathering. Subsequent
to the final incident, the Employer dismissed him, without first investigating
any of the allegations.
The Judge held that the final instance was sexual harassment, but Simpson
apologized and received forgiveness from the victim. All the other incidents
were characterized as being consensual conduct between friends. As a
result, the Judge held that Simpson was wrongfully dismissed, that the
dismissal constituted a constructive dismissal, and awarded Simpson a
further 6 months salary to the 12 he had already received. The Judge
emphasized the fact that the Employer had failed to properly investigate the
allegations. In addition, the Judge held that the complainant upon whom
the Employer had exclusively relied was jointly and severally liable with the
Employer for having interfered with Simpson’s employment contract.

The Union brought forward a grievance related to the alleged mishandling of
the harassment complaint of a BCNU member against another employee.
The Employer argued that the Union is not entitled to grieve this matter
because harassment is not part of the collective agreement and the Union
has not provided any evidence that any provision of the collective
agreement has been violated. The Union argued that personal harassment is
a health issue, and therefore impacts on the health and safety provisions of
the collective agreement.
The Arbitrator held that the harassment issue is an arbitrable issue under the
collective agreement.

Municipality of Metropolitan Toronto and Canadian Union of Public
Employees, Local 79, 62 L.A.C. (4th) 185
The Employer suspended the grievor for ten days after having allegedly
violated the Employer’s harassment policy by following another employee
on one occasion. The Employer called the complainant as its first witness,
and asked her about incidents prior to the day that the grievor had followed
her. The Union objected, arguing that only to the conduct for which the
grievor was suspended was relevant, not incidents which may have occurred
previously. The Employer argued that while it cannot use prior incidents to
justify the suspension in this case, it is relevant in a case involving an
allegation of sexual harassment to outline the relationship between the
parties. Specifically, it is necessary to establish all the facts of the
relationship to show the subjective viewpoint of the complainant, to show
the grievor should have known that his behaviour was undesired by the
complainant, and to assess the credibility of the grievor.

Arbitration Decisions

Re St. Paul’s Hospital and British Columbia Nurses’ Union,
72 L.A.C. (4th) 129
______

The Arbitrator agreed with the Employer that it must establish that the
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discipline was justified based on the one specific incident, but that evidence
about the previous interactions of the parties is necessary to establish the
context of the incident and the perceptions of the parties.

Toronto Board of Education and Canadian Union of Public Employees,
Local 63, 65 L.A.C. (4*b) 174
The grievor was found by the Employer to have created a poisoned workplace
by making repeated sexist and racist comments, by making repeated sexual,
threatening or denigrating comments to other employees, and by giving
preferential treatment to other male employees. As a result, the Employer
demoted the grievor. The Union argued that the Employer had failed to
prove that the grievor had harassed any other employees, that the conduct
alleged by the Employer did not constitute harassment, and that even if it was
harassment, the penalty was too severe.

The Arbitrator held that the grievor’s behaviour constituted a pattern of
gender-based insults, which combined with the threats and racial harassment
created a negative work environment for the complainant. The complainant
suffered embarrassment and depression as a result of the grievor’s behaviour,
which clearly created just cause for the Employer to take action against the
grievor. The fact that the Employer only demoted the grievor, rather than
dismissing him, is proper given that this is not the worst possible type of
harassment behaviour. The fact that the grievor has not apologized and has
maintained that he did not do anything wrong argues against any lighter a
penalty than he has already received. The Employer’s discipline was upheld.

Re MacMillan Bloedel Ltd. and I.W.A. Canada Local 363,
69 L.A.C. (4th) 111
The Employer dismissed three employees as a result of a sexual harassment
complaint filed against them by the complainant, a co-worker. The
complainant had complained to the Employer that the three employees had
harassed her by using vulgar language including sexual comments, drawing
vulgar sexual graffiti around the workplace, repeated mooning, and repeatedly
urinating in front of the complainant. The Union argued that the Employer
must consider several factors, including the type of harassment, the
motivation of the behaviour, the work environment, the prior conduct of the
grievors, and the Employer’s conduct. The Union acknowledged that there
was harassment in this instance, but that dismissal is unwarranted for this
behaviour.

The Arbitrator looked at the type of harassment that occurred, and noted that
while the complainant had attempted to participate in some of the crude
behaviour of the grievors, it was only because she was obligated to attempt to
put up with the behaviour to get along with the others. The harassment by
the grievors was personal and is part of the generally poor attitude exhibited
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towards women in the logging industry. In determining the proper discipline,
the Arbitrator stated that any person should have been aware that the
grievors’ behaviour was wrong. However, the Arbitrator looks at the
individual behaviour and circumstances of each grievor, and found two of the
dismissals were excessive punishments. The Arbitrator took into account a
history of good behaviour, the fact that one of the grievors was less involved
in the harassment, and that these two grievors did not intend to sexually
harass the complainant, in reducing the penalties.

United Steelworkers Anti-Harassment Workplace

EXCERPTS FROM THE OC TRANSPO INQUEST
JURY RECOMMENDATIONS
Workplace violence and harassment
I)

We recommend that the provincial and federal governments create legislation
and regulations dealing with workplace violence which recognize:
what it is by definition;
that all employers develop and implement a policy dealing with violence;
that all employees be informed as to what workplace viloence is and they
receive the appropriate training to recognize it, report it and act on it.
Evidence indicates that workplace violence has become an increasing threat to
worker’s safety. In addition, similar legislation has been enacted by some
provinces, and we encourage consistency.

2)

We recommend that employees provide input to the development and
implementation of workplace violence and harassment policies.
Employee input will encourage employee commitment.

')

We recommend that all employers establish zero tolerance policies about
harassment and workplace violence. Zero tolerance does not mean automatic
discharge but rather the imposition of the appropriate form of progressive
discipline based upon a full and complete investigation into the facts giving rise
to the incident of violence or harassment and the individual’s work history and
health.
To support positive behaviour in the workplace, there should be equitable and
appropriate discipline.

4)

We recommend that workplace violence be defined, not only as physical
violence but also psychological violence such as: bullying, mobbing, teasing,
ridicule or any other act or words that could psychologically hurt or isolate a
person In the workplace.

A broader recognition that non-physical violence can have as much impact as
physical violence.
'•)

We recommend that the violence and the harassment policies should include a
< lause making the reporting mandatory and a process where the employee can
see that action is being taken.

Reporting and follow-up of incidents is a prerequisite to the effective
Implementation of the violence and harassment policies.

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6)

We recommend that there should be evident consequences for committing
non-reporting harassment, and for not acting on complaints of harassment.
Evident consequence supports the implementation of the policies.

7)

We recommend that there be a duty on the employer to report all instance?
physical assault to the police.

Complete reporting is important for risk assessment.
8)

We recommend that when violence occurs, the employee found to be the
perpetrator be required to undergo a psychological assessment/risk assessrr
to determine the appropriate continuing terms of their employment, such a
attendance to anger management or sensitivity programs. If an employee i:
directed to attend such a program as condition of employment there must
objective assessment of results.

Objective assessment is required to determine the progress of employees ii
meeting the terms of employment.

9)

We recommend that an employee who is required to take a prescribed beh<
program be required to undergo a further psychological assessment/risk
assessment on completion.

Objective behavioural assessment is required to determine the progress of
employees in meeting the terms of employment.

10)

We recommend that a team, comprised of key personnel such as medical, i
and management, investigate complaints of violence.
To comprehensively investigate complaints, multi-disciplinary team is requir

11 )

We recommend that in order to effect a positive cultural change in the
workplace it is necessary to have a comprehensive, continuous training pros
for all staff.
Training supports awareness.

12)

We recommend that the employer guarantee protection to the complainam
from reprisal for having made a complaint.
The fear of reprisal may impede openness in the workplace.

13)

We recommend that to promote trust in complaint resolution, the employe
should have access to an independent ombudsman.

United Steelworkers Anti-Harassment Workplace Training

Having an independent ombudsman would ensure that employees could report
complaints without fear of isolation or reprisals.

14)

We recommend that improved communications within and between all levels of
staff are necessary to deter harassment and violence.
The “Let’s Talk” program is an example of improved communications which
should be continued.

I 5)

We recommend that employers and unions share their experiences relating to
employee morale, workplace violence and harassment through their umbrella
organizations to promote addressing these issues in their respective workplaces.

Sharing this information will support the implementation of the policies and the
establishment of industry standards.
10)

We recommend periodic review and audit of the workplace violence and
harassment policies to evaluate the effectiveness of the implementation.
Review of policy and implementation is essential for program management and
continuous improvement.

United Steelworkers Anti-Harassment Workplace