Section 807: Harassment Policy

Purpose

All employees of the Government of Saskatchewan are entitled to a respectful workplace free of harassment. The purpose of this policy is to promote awareness and prevention, and to ensure the appropriate and timely resolution of allegations of harassment.

Policy Statement

Showing respect is one of the core values of the Saskatchewan Public Service. A respectful workplace free of harassment enables public servants to fulfill the goal of serving citizens in a productive and timely manner.

Objectives

The objectives of this policy are to:

• Ensure that all employees are aware of conduct that constitutes harassment.
• Set out a clear process for dealing with allegations of harassment.
• Provide employees with assurance that the employer will take corrective action against any person under the employer's direction who subjects any employee to harassment.

Principles

This policy is based on the following principles:
• All employees have a responsibility to refrain from causing or participating in the harassment of another employee.
• The employer will make every reasonably practicable effort to ensure that no employee is subjected to harassment.
• The impact of the conduct is taken into consideration, not just the intent of the respondent. 
• This policy is not intended to discourage or prevent a complainant from exercising any other legal rights pursuant to any law.
• All employees have a responsibility to create an inclusive, diverse and supportive workplace, and act in accordance with the Government of Saskatchewan’s Inclusion Strategy and Action Plan.

Application

This policy applies to all employees of Executive Government.

Policy Terms

Harassment
The Saskatchewan Employment Act defines harassment and sexual harassment here. The definition includes:

• Any inappropriate conduct, comment, display, action or gesture that is directed at a person based on a prohibited ground of discrimination under The Saskatchewan Human Rights Code or the person’s physical size or weight; 
• Any inappropriate conduct, comment, display, action or gesture that negatively affects a worker’s psychological or physical wellbeing and that the harasser knows or reasonably ought to have known would cause the worker to feel humiliated or intimidated. In this case, the behaviour must be repeated, ongoing or serious enough that it has a lasting, harmful effect on the worker.In either of these cases, the behaviour must also constitute a threat to the health or safety of the worker.
• Sexual harassment is any inappropriate conduct, comment, display, action or gesture by a person towards a worker that is of a sexual nature and that the person ought to reasonably know is unwelcome.

Harassment does not include any reasonable conduct of an employer or supervisor related to the normal management of workers or a work site. Interpersonal conflict, differences of opinion or minor disagreements between coworkers are also not generally considered to be workplace harassment if steps are taken to resolve the conflict. Examples of harassment can be found here.

Discrimination
Discrimination includes, but is not limited to, unequal treatment based on one or more of the prohibited grounds under The Saskatchewan Human Rights Code, 2018. Discrimination can be intentional or unintentional, direct or indirect. Discrimination may be a form of harassment.

Process
The person making the allegation of harassment should complete the Harassment Complaint Form. The Public Service Commission (PSC) will review all complaints received by intake form or otherwise, by assessing it against this policy, including the definition of harassment, and making any inquiries deemed necessary before determining next steps.

All allegations of harassment will be examined and reviewed thoroughly. The employer shall determine next steps in accordance with the harassment complaint process.

Where an investigation takes place, upon completion, the complainant and the alleged harasser/respondent will be informed of the results of the investigation in accordance with the harassment complaint process.

If through the investigation it is determined the complaint was made in bad faith or vexatious in nature, the complainant will be held accountable in accordance with the Section 803: Corrective Discipline Policy.

Confidentiality

The employer will not disclose the name of a complainant or an alleged harasser or the circumstances related to the complaint to any person except if disclosure is:

(a) necessary for the purposes of investigating the complaint or taking corrective action with respect to the complaint; or
(b) required by law.

While the employer treats personnel matters as confidential, it is important to remember that confidentiality does not mean anonymity. A respondent named in a harassment allegation will be informed for reasons of due process of the name of the complainant and the allegations made against them. If the allegation is established and discipline results, it may be necessary for the complainant and other witnesses to testify in any proceedings resulting from the discipline, such as an arbitration hearing.

Information is shared on a "need to know" basis and must not be shared further. Failure to preserve the confidentiality of information acquired during the investigative process may result in disciplinary action, up to and including dismissal.

Employee Rights

Nothing in this policy precludes an employee from accessing any rights or provisions through the collective bargaining agreement, The Saskatchewan Human Rights Code, 2018, Part III of The Saskatchewan Employment Act, workplace violence policies, workers’ compensation or any other legal avenues available. Every employee has the right to request the assistance of an occupational health officer to resolve a complaint of harassment and every employee has the right to file a complaint with the Saskatchewan Human Rights Commission pursuant to the provisions of The Saskatchewan Human Rights Code, 2018 respecting discriminatory practices.

At any time during the process of handling a complaint where behaviour of a criminal nature has occurred, or is thought to have occurred, the employee subjected to this behaviour must be informed that they can advance the complaint to the police for investigation. In cases where the employee has been afforded the opportunity to advance a criminal complaint but chooses not to do so, that choice will be respected except where there is an overriding concern.

Responsibilities

Maintaining a harassment-free work environment is everyone's responsibility. 

Employees
Are responsible for:

• Being aware of the policy and attending/completing offered harassment policy training;
• Refraining from causing or participating in the harassment of another employee; and
• Raising any observed potential forms of harassment to their manager/supervisor. 

Managers and Supervisors
Are responsible for:

• Implementing this policy and its related processes and procedures; 
• Ensure their employees are aware and complete/attend any offered harassment policy training; 
• Familiarizing themselves with the policy, process, and tools for policy administration;
• Ensuring a harassment-free work environment and adherence to the policy;
• Stopping any harassment of which they are aware;
• Ensuring issues and allegations of harassment are appropriately addressed and documented;
• Taking appropriate preventive or corrective action;
• Ensuring all employees' rights are respected;
• Ensuring appropriate follow-up, resolution and restorative action takes place;
• Supporting and monitoring employees in the restorative action process; and
• Reporting incident(s) of harassment, witnessed and reported by others, to the Public Service Commission by emailing harassment@gov.sk.ca.

*It is misconduct, subject to disciplinary action, for managers and supervisors who are aware of potential workplace harassment or inappropriate conduct, not to take immediate corrective action.

Permanent Heads
Are responsible for:

• Fostering a work environment free of harassment; and
• Holding managers and supervisors accountable for carrying out their responsibilities related to ensuring a harassment-free work environment and adherence to the policy.

Public Service Commission
Is responsible for:

• Implementing this policy and its related processes and procedures;
• Interpreting the Harassment Policy;
• Receiving complaints for review under this policy;
• Screening, monitoring and tracking harassment complaints;
• Coordinating investigations;
• Ensuring issues and allegations of harassment are appropriately addressed and documented;
• Processing complaints in a timely/priority manner and providing timely updates to the directly involved parties;
• Assisting managers and supervisors with post-complaint actions: appropriate resolution, restorative actions plans, follow-up and monitoring;
• Coordinating educational and awareness actions; and
• Reviewing and addressing concerns about how complaints were processed.

For additional information, see applicable links below.

A breach of this policy may lead to discipline, up to and including termination, in accordance with the Section 803: Corrective Discipline Policy.

Definitions

Bad Faith or Vexatious Complaints
A complaint filed that is lacking in factual basis or for improper purposes or malicious intent.

Complainant
The person who makes a complaint of harassment or brings an incident of harassment to the attention of the employer.

Employee
Person(s) to whom The Public Service Act, 1998 applies, whether appointed pursuant to the Act, hired pursuant to a contract or otherwise and includes students, volunteers and individuals who are independent or dependent contractors.

Investigation
A fair and impartial fact-finding process to assess whether the allegation(s) is founded, unfounded or made in bad faith or vexatious in nature.

Manager/Supervisor
An employee of Executive Government who is authorized by the permanent head to oversee and/or direct the work of others. There are varying levels of supervisory authority (e.g., Assistant Deputy Minister, Executive Director, Director, Manager, Supervisor, front-line in-charge employees, etc.). 

Respondent
The employee(s) against whom a complaint has been lodged.

Workplace
For the purposes of this policy, the workplace includes, but is not limited to, an area at a place of employment where an employee works or is required or permitted to be present.

Policy Appendices

• Appendix A - Harassment Complaint Form
• Appendix B - Complaint Process
• Appendix C - Examples of Harassment
• Appendix D - Restorative Action Plan

Harassment Policy Training

• The Public Service Commission is developing mandatory harassment training for all employees. More information will be shared in early 2025

Related Policies

• Section 803 Corrective Discipline
• Section 815 Workplace Violence Policy
• Section 819 Health, Safety and Wellness Policy

Resources and Tools

Alternate Dispute Resolution Resources

• Conciliation and Mediation Services
• ADR Saskatchewan
• The Public Interest Disclosure Act

• Employee and Family Assistance Program

Authority

• The Occupational Health and Safety Regulations, 2020
• The Public Service Act, 1998
• The Saskatchewan Employment Act
• The Saskatchewan Human Rights Code, 2018

Policy Inquiries

All policy inquiries are to be directed to the Employee Labour Relations Branch, Public Service Commission, by emailing harassment@gov.sk.ca.