NORMAN WELLS LAND, CLAIMANT AND FINANCIAL CORPORATIONS
(NWLC, NWCC AND NWFC)
HARASSMENT POLICY
The NWLC, NWCC and NWFC (Corporations) are committed to a healthy, harassmentfree and non-discriminatory workplace for board members. employees and contractors.
Persons who allege harassment or discrimination are advised that they may have
alternative routes to resolve harassment issues, including this policy, the Human Rights
Act and remedies available in either the civil or criminal courts.
DEFINITIONS
Harassment
For the purposes of this policy, harassment means any improper behaviour by a
director, employee or contractor that is directed to and is offensive to any director or
employee of the Corporations or contractor performing work for the Corporations and
which the person committing the offence knew or ought reasonably to have known
would be unwelcome.
Harassment also includes conduct, comment or display, made on either a one-time or
an ongoing basis that demeans, belittles, or causes personal humiliation or
embarrassment to a director, employee or contractor. Harassment includes sexual
harassment.
Harassment includes retaliation against a person for having invoked this policy, for
having participated in procedures under this policy as a witness, or for having otherwise
assisted a person who has invoked this policy or participated in these procedures.
Harassment may be based upon personal characteristics including race, creed, colour,
sex, marital status, nationality, ancestry, place of origin, age, disability, family status,
political beliefs, sexual preference or religion.
Sexual Harassment
Sexual harassment means any conduct, comment, gesture or contact of a sexual
nature, whether on a one-time basis or in a continuous series of incidents that might
reasonably be expected to cause offence or humiliation; might reasonably be perceived
as placing a condition of a sexual nature on employment or the business relationship or
on an opportunity for training or promotion; and might reasonably be perceived as a
promise of reward for complying with a sexually oriented request or as a threat, reprisal
or denial of opportunity for refusal to comply with a sexually oriented request.
Discrimination
Discrimination is an act, behaviour or practice which may be intentional or unintentional
that has the purpose or effect of making an adverse distinction against a person or a
group of persons based on a prohibited ground of discrimination under the Human
Rights Act.
Operating policy
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NORMAN WELLS LAND, CLAIMANT AND FINANCIAL CORPORATIONS
(NWLC, NWCC AND NWFC)
HARASSMENT POLICY
Complaint
A complaint includes a complaint respecting:
a) harassment, sexual harassment or discrimination;
b) retaliation for the lodging of a complaint; and,
c) breach of an undertaking made in the context of a complaint process as to
future conduct.
Intent
Lack of intent on the part of the harasser is not a defence. The impact of the behaviour
on the recipient is of primary importance
COMPLAINT
Complaints of harassment shall be made in writing to the Executive Director unless he
or she is the subject of the complaint in which case the complaint shall be made to the
President.
The person making the complaint shall be given a copy of this policy and will be
assisted in resolving the complaint.
DOCUMENTATION
Any person who believes that he or she is being harassed or discriminated against is
encouraged to keep a written record of the date, time and nature of the incident(s), as
well as the names of any witnesses.
INFORMING THE PERSON ACCUSED OF HARASSMENT
If possible, and if reasonable and appropriate in the circumstances, a person who
believes that he or she is being harassed or discriminated against by a person should
tell the person, either personally or with the assistance of another person. If the matter
is not satisfactorily resolved, the person who believes they are being harassed may file
a complaint.
INVESTIGATION
The Executive Director (or President) shall advise the person being accused that a
complaint has been received and cause an investigation of the circumstances to be
made. Upon completion of the investigation, a written report of the circumstances and a
recommended course of action to be undertaken, with reasons, shall be recommended
to the complainant.
The complainant is under no obligation to accept the report and may avail themselves of
one or more of the alternative routes to resolution as set out above.
COURSES OF ACTION
a) The complaint is unsubstantiated and no further action is to be taken.
b) The two parties arrive at a mutual resolution.
Operating policy
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NORMAN WELLS LAND, CLAIMANT AND FINANCIAL CORPORATIONS
(NWLC, NWCC AND NWFC)
HARASSMENT POLICY
c) A mediator is appointed to assist in resolving the issue. The mediator must achieve
a solution acceptable to the complainant, the accused and the Corporations within
thirty (30) days of being appointed.
d) An arbitrator who is satisfactory to both parties shall be appointed to resolve the
matter if mediation is unsuccessful or the complainant requests arbitration. The
arbitrator must submit his or her report within thirty (30) days of being appointed.
e) The arbitrator’s report shall be binding on the complainant, the harasser and the
Corporations.
COSTS
The responsibility for costs of mediation and/or arbitration shall be as assigned by the
mediator or arbitrator.
CONFIDENTIALITY
To the extent possible, the name of the complainant shall be kept confidential outside of
the complaint process.
Confidential information falling within the confines of the policy may be released to the
complainant, the person against whom the complaint has been made, the mediator, the
arbitrator or their respective legal counsels.
Where a complaint is brought before a board of directors for any reason, the matter
shall be dealt with in-camera and directors shall not disclose the name of the
complainant without his or her permission except as permitted by this policy.
Approved:
Chair, Boards of Directors
Operating policy
Date
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Review Date