Thank you.
One of the major concerns we have from our perspective as well is around the internal complaints resolution issue. Internal complaint resolution is favoured in the bill; however, if a complaint related to occurrences of harassment or violence cannot be resolved between the employee and supervisor, it will be sent directly to the minister, who alone will be tasked with investigating the complaint.
The bill prohibits policy committees, workplace committees, and health and safety representatives from participating in investigations of occurrences of harassment and violence. Neither the minister nor the employer can provide these committees and representatives with information likely to reveal the identity of a person involved in the complaint. Furthermore, the minister can decide not to investigate if it is the minister's opinion that the complaint is “trivial, frivolous or vexatious”. The minister may also combine ongoing investigations of harassment or violence that relate to the same employer and involve essentially the same issues and then issue a single decision.
We have noticed that there is no mechanism provided to denounce a situation of violence or harassment that involves a supervisor. Parity committees are excluded from all investigations related to occurrences of harassment and violence and may not obtain information likely to reveal the identity of a person involved in the complaint. Therefore, employees are not called on to become involved in investigations or potential solutions after a harassment or violence complaint is made. This sends the message that violence and harassment are not matters that involve all stakeholders in a workplace.
We understand that this exclusion aims to allow employees who are victims of such behaviour to file complaints with confidence that their complaint will be handled with the strictest confidentiality. In our opinion, if parity committees, including health and safety representatives, are regulated in a better manner by a code of ethics, rules of practice, and training, which can be part of a subsequent body of regulations, this goal could also be achieved.
With regard to the possibility of combining investigations, we have our reservations. Risks of contamination of evidence from one complaint to another must be eliminated. Maintaining confidentiality may be more difficult when combining complaints.
We offer the following recommendations.
First, provide a manner for employees to make complaints denouncing the occurrence of violence and harassment related to their supervisors based on the concept of “competent person”, as found in the regulation. Policy committees, workplace committees, or health and safety representatives could have an additional duty to name a competent person to handle complaints of this nature.
Second, maintain the contributions of policy committees, workplace committees, and health and safety representatives to the investigation process. These parity committees should receive information on the investigation from the competent person and participate in the investigations based on the current manner set out in the code when the complaint involves the regular process, that is, when the complaint is first made directly to the supervisor.
Third, as was the case for complaints made about supervisors, a manner must be provided for employees to make complaints about members of policy committees and workplace committees, as well as health and safety representatives. Complaints must be made directly to the competent person who would carry out the investigation.
Fourth, policy committees, workplace committees, and health and safety representatives should be regulated in a better manner through training on violence and harassment and by the rules of practice and a code of ethics that would guarantee confidentiality with regard to the information received during the investigations.
Fifth, the minister should continue to hold separate investigations for each complaint received.
Last, I would add from a correctional officer's perspective that often in the workplace we are harassed by inmates as well, and it's another issue that needs to be addressed. It has been addressed in some other committees.
Thank you.