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Policy against Psychological Harassment

Last updated: October 9, 2024
 

1) OBJECTIVES

This policy aims to:

  • affirm BALLETS JAZZ MONTRÉAL’s commitment to preventing and arresting any instance of psychological or sexual harassment in the workplace, including harassment from external sources.

  • indicate the measures implemented to prevent harassment, including the information and training programs that are offered.

  • establish the reporting procedure for handling complaints and problematic situations brought to the attention of the employer or their designated representative.

 

2) SCOPE

This policy applies to all staff members of BALLETS JAZZ MONTRÉAL at all hierarchical levels, including in the following locations and contexts:

  • the workplaces, including remote work locations when applicable.

  • any other place where individuals may be found in the course of their employment (e.g., common areas in the employer's premises during meetings, training, travel, theatres, etc.).

  • during social activities related to work.

 

This policy also targets communications transmitted or received by any means, technological or otherwise, in a work context (e.g., social media, emails, texts, posts, letters, etc.).

 

3) DEFINITION

The Labor Standards Act defines psychological harassment as follows:

“A vexatious conduct manifested by repeated behaviors, words, acts, or gestures that are hostile or unwanted, which undermines the dignity or psychological or physical integrity of the employee and creates, for them, a harmful work environment. For more precision, psychological harassment includes such conduct when it manifests as such words, acts, or gestures of a sexual nature. A single serious act can also constitute psychological harassment if it causes such harm and produces a continuous harmful effect on the employee.”

 

This definition includes harassment of a discriminatory nature related to one of the grounds provided for in the Charter of Human Rights and Freedoms.

 

4) POLICY STATEMENT

a) Administrative Rules

BALLETS JAZZ MONTRÉAL does not tolerate or omit any form of harassment in the work context, whether:

  • by managers towards employees.

  • between colleagues.

  • by employees towards their supervisors.

  • by any person associated with it including clients, representatives, users, suppliers, visitors, choreographers, guests, and any other stakeholder in contact with the company.

 

Anyone who violates this policy will be subject to appropriate disciplinary measures. The choice of applicable measures will take into account the severity and consequences of the actions as well as the prior record of the person who committed them. A person who files false accusations with the intent to harm is also subject to appropriate disciplinary measures.

 

b) Staff Responsibilities

It is the responsibility of all staff to adopt behavior that promotes the creation and maintenance of a workplace free from psychological or sexual harassment. To this end, the expectations for every staff member are as follows:

  • contribute to maintaining a workplace free from harassment.

  • respect individuals in the context of their work.

  • participate in the mechanisms established by the employer to prevent and stop harassment.

  • report any situation related to harassment as soon as possible to one of the persons designated by the employer to receive and handle complaints and reports.

 

c) Prevention of Psychological or Sexual Harassment

BALLETS JAZZ MONTRÉAL is committed to taking reasonable steps to provide a workplace free from any form of harassment to protect the dignity as well as the psychological and physical integrity of individuals. In accordance with its legal obligations, the employer implements measures aimed at identifying, controlling, and eliminating the risks of psychological or sexual harassment, including:

  • distributing this policy in a manner that makes it accessible to all its staff via email.

  • continuously being vigilant regarding risks and risk factors that may generate situations where harassment may occur, notably those mentioned in Annex 1 of this policy.

  • ensuring a complete understanding and respect of the policy by all individuals.

  • promoting respect among individuals.

  • regularly raising staff awareness of each individual's roles and responsibilities in harassment prevention, particularly during social activities held by the employer.

  • implementing a training and awareness program for staff and for those designated to receive and handle complaints and reports.

  • consulting staff about specific situations in their work environment that could create conditions leading to harassment.

  • holding meetings with individuals who leave their job to understand the reasons for their departure.

  • establishing a diligent process for handling complaints and reports.

 

BALLETS JAZZ MONTRÉAL commits to integrating this psychological or sexual harassment prevention and handling policy into the prevention program or action plan regarding occupational health and safety, to review this policy at least once a year and communicate any changes to the staff.

 

Reminder: as of October 1, 2025, this policy must be included in the establishment’s prevention program or health and safety action plan.

 

d) Handling of Complaints and Reports

Any staff member who feels they are experiencing harassment related to their work can file a complaint so that the employer can take the necessary actions to correct the situation. Any staff member, including anyone who witnesses behaviors or conduct resembling harassment or at risk of becoming so, can also make a report to bring the situation to the employer's attention.

 

A report or complaint can be made verbally or in writing. Details of the incidents must be described as accurately as possible to facilitate a prompt and diligent response. The law prohibits any form of harm or retaliation by the employer in the handling and resolution of a complaint or report.

 

BALLETS JAZZ MONTRÉAL commits to:

  • addressing the complaint and reporting as quickly as possible.

  • preserving the dignity and privacy of the individuals involved, namely the person who made the complaint or report, the person who is the subject of it, and the witnesses.

  • ensuring that all individuals involved are treated with humanity, fairness, and objectivity, and that appropriate support is provided to them.

  • protecting the confidentiality of the intervention process, including information related to the complaint or report.

  • offering the individuals involved, with their agreement and when the context allows, to hold a mediation meeting to resolve the situation, ensuring that this support takes place in a neutral and impartial context.

  • if necessary, promptly conducting an investigation and in an objective, neutral, and impartial manner or, if internal resources are not available or lack the necessary expertise to do so, assigning the responsibility to an external intervener to preserve the impartiality of the intervention and ensure its quality. The individuals involved will be informed of the conclusion of this process. If the investigation does not establish that unacceptable behaviors occurred, all material evidence will be retained for two years and then destroyed.

  • taking all reasonable measures to resolve the situation, including appropriate disciplinary actions.

  • reviewing the existing harassment prevention measures to ensure they remain effective and to prevent similar incidents from occurring in the future.

 

The individuals designated by the employer to receive and handle complaints and reports are as follows:

 

  • Stéphane Labbé, General Director

  • Maximilien Cossette, Financial and Administrative Director

  • The HR Consultant/Representative/Employee

 

These people are mainly responsible for:

  • inform staff of the employer's policy on psychological or sexual harassment;

  • receive complaints and reports.

  • evaluate each request and recommend the appropriate action or intervention (e.g., individual meetings, mediation, investigation), depending on the context.

  • determine who will be the competent person in charge of intervention by an external intervener.

  • follow up to ensure that the people concerned are adequately supported and that the intervention has had the desired effect.

 

BALLETS JAZZ MONTRÉAL

  • ensures that the persons designated to receive and handle complaints and reports are duly trained to assume the responsibilities entrusted to them, and that they have the necessary skills and tools at their disposal to handle and follow up on the complaint or report, particularly with regard to the evaluation of complaints alleging harassment, with a view to recommending an administrative investigation.

  • frees up work time so that designated persons can carry out their assigned duties.

 

ANNEX 1 - RECOGNIZING PHYSICAL AND SEXUAL HARASSMENT

 

La Loi sur les normes du travail sets out criteria for determining what may be considered psychological or sexual harassment, namely :

  • vexatious (hurtful, humiliating) conduct;

  • that occurs repeatedly or in a single serious act;

  • in a hostile (aggressive, threatening) or unwanted manner;

  • undermines the person's dignity or integrity;

  • resulting in a harmful work environment.

 

Discrimination based on any of the grounds listed in section 10 of the Charter of Human Rights and Freedoms (race, color, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, handicap or the use of any means to palliate a handicap) may also constitute harassment.

 

This definition applies to all work contexts, including teleworking and participation in work-related social activities.

 

By way of example, the following behaviors could be considered vexatious conduct constituting harassment if they meet all the criteria of the definition set out in the law.

 

Behaviors that may be linked to psychological harassment  

  • Bullying and cyberbullying

  • Threats, isolation

  • Offensive or defamatory remarks or gestures about a person or their work

  • Verbal abuse

  • Denigration

 

Behaviors that may be linked to sexual harassment

  • Any form of unwanted attention or advance with a sexual connotation, for example:

  • insistent solicitation

  • stares, physical contact

  • sexist insults, foul language

  • sexual remarks, jokes or images

 

The notion of harassment must be distinguished from other situations such as interpersonal conflict, work-related stress, difficult professional constraints or the normal exercise of management rights (management of work attendance, work organization, disciplinary measures, etc.).

 

Employers are obliged to intervene when a problematic situation involving harassment, or the risk of harassment, is brought to their attention. However, it is good practice, whenever possible, for the person who feels he or she is being subjected to inappropriate conduct in the workplace to advise the person concerned that his or her behaviour is undesirable before filing a complaint or report. She should also note the date and details of the incidents, as well as the steps she has taken to try to resolve the situation.

If no steps can be taken, or if the conduct continues despite an initial approach, the situation should be brought to the attention of those designated by the employer to receive and deal with complaints and reports, so that appropriate action can be taken.

 

 

Preventing risks to psychological health: a shared responsibility

 

Section 51 of the Act Respecting Occupational Health and Safety stipulates that employers must take the necessary measures to protect the health and ensure the safety and physical and psychological integrity of workers. In particular, they must use methods and techniques designed to identify, control and eliminate risks to worker health and safety, including harassment.

 

Article 49 of the same law lists the worker's obligations, including the obligation to take the necessary measures to protect his or her health, safety or physical or psychological integrity, and the obligation not to endanger the health, safety or physical or psychological integrity of other people in or near the workplace.

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