Policy Statement

TWUC is committed to fostering a harassment-free workplace where all employees, members, and volunteers are treated with respect and dignity.

TWUC recognizes the dignity and worth of every person and is committed to providing a workplace characterized by understanding, mutual respect and co-operation. All volunteers and employees have the right to work in an environment free of harassment, sexual harassment, and discrimination. TWUC responds immediately to ensure that any complaint 
of discrimination or harassment is resolved quickly and effectively with sensitivity, fairness and confidentiality.

The Canadian Human Rights Act protects employees, members, and volunteers from harassment based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, or pardoned conviction.

Harassment and discrimination at The Writers’ Union of Canada are not tolerated. Employees, members, or volunteers who are found to have harassed another individual may be subject to disciplinary action. This includes any employee, member, or volunteer who: interferes with the resolution of a harassment complaint, retaliates against an individual for 
filing a harassment complaint, or files an unfounded harassment complaint intended to cause harm.

Application

This policy applies to all current employees, members, and volunteers of The Writers’ Union of Canada, including full and part-time casual, contract, permanent and temporary employees. This policy also applies to job applicants.

This policy applies to all behaviour that is in some way connected to the work of The Writers’ Union of Canada, including during off-site meetings, training, and on business trips. This policy does not apply to interaction between individual members not related to the business of the Union. It does apply to interactions between TWUC staff and any individual member(s) outside of TWUC activity as long as it can be shown the harassing activity is in some way related to an individual’s standing at the Union (either as staff or member).

Definitions

Workplace: any place where business or work-related activities are conducted. It includes, but is not limited to, the physical work premises, work-related social functions, work assignments outside of the Union’s offices, work-related travel, and work-related conferences or training sessions.

Harassment:

  • offending or humiliating someone physically, verbally, or through written comments or displayed images;
  • stalking;
  • unwelcome photography or recording;
  • sustained disruption of talks or other events;
  • threatening or intimidating someone; or
  • making unwelcome jokes or comments about someone’s race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity, gender expression, marital status, family status, disability, or pardoned conviction.

Sexual harassment:

  • offensive or humiliating behaviour that is related to a person’s sex, sexual orientation, gender identity, or gender expression; or
  • behaviour of a sexual nature that creates an intimidating, unwelcome, hostile, or offensive work environment including inappropriate physical contact or unwelcome sexual attention; or
  • behaviour of a sexual nature that could reasonably be thought to put sexual conditions on a person’s job or employment opportunities.

Sexual harassment may include, but is not limited to, any unwelcome sexual advances (oral, written, or physical), requests for sexual favours; sexual and sexist jokes; racial, homophobic, sexist, or ethnic slurs; written or verbal abuse or threats; unwelcome remarks, jokes, taunts, or suggestions about a person’s body, a person’s physical or mental disabilities, attire, or on other prohibited grounds of discrimination; unnecessary physical contact such as patting, 
touching, pinching, or hitting; patronizing or condescending behaviour; displays of degrading, offensive, or derogatory materials such as graffiti or pictures; and physical or sexual assault.

Responsibilities & Expectations

The Writers’ Union of Canada is responsible for:

  • providing all employees, members, and volunteers with a harassment-free workplace.

The Union’s Chief Executive Officer* is responsible for:

  • reviewing this policy annual, or as required;
  • ensuring this policy is applied in a timely, consistent, and confidential manner;
  • determining whether or not allegations of harassment are substantiated; and
  • determining what corrective action is appropriate where a harassment complaint has been substantiated.

* Please note: In the case of a complaint against the Chief Executive Officer the National Chair will assume the responsibilities of the Chief Executive Officer as outlined in this policy. For further clarification, throughout this document the notation “(or the National Chair)” only applies in the case where the complaint has been filed against the Chief Executive Officer.

The Union’s Chief Executive Officer (or National Chair)** are responsible for:

  • fostering a harassment-free work environment and setting an example about appropriate workplace behaviour;
  • communicating the process for investigating and resolving harassment complaints made by employees, members or volunteers;
  • dealing with harassment situations immediately upon becoming aware of them, whether or not a harassment complaint has been made;
  • taking appropriate action during a harassment investigation, including separating the parties to the harassment complaint, when appropriate; and
  • ensuring harassment situations are dealt with in a sensitive and confidential manner.

** In the case of a complaint against the National Chair, the Chief Executive Officer will be 
solely responsible for the items noted directly above.

Employees, Members, and Volunteers are responsible for:

  • refraining from harassment and/or harassing behaviours in all interactions with TWUC staff, volunteers and members;
  • treating others with respect in the workplace;
  • reporting harassment to the Chief Executive Officer (or National Chair); and
  • cooperating with a harassment investigation and respecting the confidentiality related to the investigation process.

Employees, Members, and Volunteers can expect:

  • to be treated with respect in the workplace;
  • that reported harassment will be dealt with in a timely, confidential, and effective manner;
  • to have their rights to a fair process and to confidentiality respected during the harassment investigation; and
  • to be protected against retaliation for reporting harassment or cooperating with a harassment investigation.

Procedures for Addressing a Harassment Complaint

Filing a Complaint

An employee, member, or volunteer may file a harassment complaint by contacting the Chief Executive Officer or in the case of a complaint against the Chief Executive Officer, the National Chair. The complaint may be verbal or in writing. If the complaint is made verbally, the Chief Executive Officer (or National Chair) will record the details provided by the employee, member, or volunteer.

The employee, member, or volunteer should be prepared to provide details such as what happened; where it happened; how often and who else was present (if applicable).

Complaints should be made as soon as possible but not later than one year of the last incident of perceived harassment, unless there are circumstances that prevented the employee from doing so.

The Chief Executive Officer (or National Chair) will inform the person against whom the harassment complaint has been made, in writing, that a harassment complaint has been filed. The letter will also provide details of the allegations that have been made against him or her.

Every effort will be made to resolve harassment complaints within 60 days. The Chief Executive Officer (or National Chair) will advise both parties of the reasons why, if this is not possible. 

If either party to a harassment complaint believes the complaint is not being handled in accordance with this policy, they should contact the Chief Executive Officer (or National Chair).


Mediation

Wherever appropriate and possible, the parties to the harassment complaint will be offered mediation prior to proceeding with a harassment investigation.

Mediation is voluntary and confidential. It is intended to assist the parties to arrive at a mutually acceptable resolution to the harassment complaint. 

The mediator will be a neutral person, agreed upon by both parties. The mediator will not be involved in investigating the complaint.

Each party to the complaint has the right to be accompanied and assisted during mediation sessions by a person of their choosing.


Investigation

If mediation is inappropriate or does not resolve the issue, a harassment investigation will be conducted. All investigations will be handed by an individual who has the necessary training and experience. In some cases, an external consultant may be engaged for this purpose. The investigator will prepare a report that will include: 

  • a description of the allegations;
  • the response of the person the complaint was made against;
  • a summary of information learned from witnesses (if applicable); and 
  • a decision about whether, on a balance of probabilities, harassment did occur

This report will be submitted to the Chief Executive Officer (or National Chair). Both parties to the compliant will be given a copy.


Substantiated Complaint

If a harassment complaint is substantiated the Chief Executive Officer (or National Chair) will decide what action is appropriate.

Remedies for the employee/member/volunteer who was harassed may include: an oral or written apology; compensation for lost wages; compensation for any lost employment benefits such as sick leave; and compensation for hurt feelings. 

Corrective action for the employee/member/volunteer found to have engaged in harassment may include: reprimand; suspension; demotion; dismissal; termination of volunteer commitment and/or membership.

Both parties to the complaint will be advised, in writing, of the decision.


Other Redress

An employee who is not satisfied with the outcome of the harassment compliant process may file a discrimination complaint with the Canadian Human Rights Commission.


Privacy and Confidentiality

All parties to a harassment complaint are expected to respect the privacy and confidentiality of all other parties involved and limit the discussion of a harassment complaint to those who need to know.

The Writers’ Union of Canada and all individuals involved in the harassment complaint process, will comply with all requirements privacy legislation to protect personal information.


Review

The Writers’ Union of Canada will review this policy and procedures on an annual basis, or as required, and will make necessary adjustments to ensure that it meets the needs of all employees, members, or volunteers.


Enquiries

Enquiries about this policy and related procedures can be made to the Chief Executive Officer.