The London Transit Commission (LTC) recognizes that a workplace that provides an atmosphere of mutual respect amongst employees, customers of the services and other parties LTC and its employees come in contact within the course of business/work, contributes to the ultimate success of the organization. Mutual Respect is therefore defined as interacting in a professional, courteous, civil, dignified, fair and equitable manner treating one another as individuals with consideration and esteem. Breaches of mutual respect, except those that constitute harassment or discrimination under the Human Rights and Diversity Policy, must be dealt with under the terms of this Policy and its related procedure. Breaches of mutual respect are no less important to remedy in that they may create an environment that is intimidating, humiliating, hostile or offensive. Also, if not dealt with, breaches of mutual respect may lead to workplace violence. Accordingly:
- all employees are expected to conduct themselves in a manner that reflects mutual respect both of one another as employees, of customers of the services and of others the LTC and its employees come in contact with, in the course of business/work; and
- all customers of the services and others that are in contact with the LTC and its employees in the course of business/work are, in turn, expected to be respectful of employees of the LTC and of other customers of the service.
The following definitions are intended to assist in understanding the terms in the application of this Policy.
All definitions will be interpreted and applied per applicable legislation, including the Human Rights Code and Occupational Health and Safety Act.
Complainant – the individual who brings a complaint against another individual for harassment or discrimination under the Policy.
Respondent – the individual against whom a complaint is brought concerning allegations that the individual has breached the Policy
Supervisor – the individual who is in charge of the workplace or has authority over the worker making the complaint.
Harassment – Engaging in offensive, hurtful (i.e. bullying), upsetting or embarrassing comments or conduct that a person knows or ought reasonably to know to be unwelcome. The fact that a person does not explicitly object to harassing behaviour, or appears to be going along with it, does not mean the behaviour is welcomed, consented too or is not harassing. It is conduct and or behaviour which could create an intimidating, demeaning or hostile working environment. Harassment can be “Code Based” (based on one or more of the prohibited grounds listed in the Human Rights), which would be dealt with under Human Rights and Diversity Policy (Anti-Harassment, Anti-Sexual Harassment & Anti-Discrimination). It can be “personal” (directed at an individual(s) but not based on any prohibited ground listed in the Human Rights Code), which would be dealt with under the Mutual Respect in the Workplace Policy.
Poisoned Work Environment – A hostile, humiliating, or uncomfortable workplace that is created by comments or conduct (including comments or conduct that are condoned or allowed to continue when brought to the attention of management) that intimidate demean or ridicule a person or group. The comments or conduct need not be directed at a specific person and may be from any person, regardless of position or status. A single comment or action, if sufficiently serious, may create a poisoned work environment. Visual offensive materials, insulting slurs or jokes, and malicious gossip are examples of comments and conduct that can “poison the workplace” for employees.
Reprisal – Any act of retaliation or revenge against a person for:
- Raising a concern or making a complaint under one of these Policies (whether on their own behalf or on behalf of another)
- Participating or cooperating in an investigation or other complaint resolution process under one of these Policies, or
- Associating with or assisting a person identified in paragraphs “a” and or “b” above.
Workplace – Includes all facilities and worksites, including vehicles and any other locations where employees conduct the business of LTC. Harassment and discrimination which occur outside the workplace or hours of work but related to the work environment are also considered as workplace harassment.
The above definitions of harassment fulfill the definitions of harassment per the Ontario Human Rights Code and the Occupational Health and Safety Act. All types of harassment introduce a disruptive element into the work environment and can upset the well-being and job performance of individuals and, if not dealt with, may lead to workplace violence.
Kelly S. Paleczny, General Manager
August 1, 2020