DAOD 5014-0, Workplace Harassment and Violence Prevention

Table of Contents

1. Introduction
2. Definitions
3. Policy Direction
4. Consequences
5. Authorities
6. References

1. Introduction

Date of Issue: 2023-05-29

Application: This DAOD is a directive that applies to employees of the Department of National Defence (DND employees) and an order that applies to officers and non-commissioned members of the Canadian Armed Forces members (CAF members).

Note 1 – This DAOD applies to any occurrence of workplace harassment and violence involving a DND employee that happened on or after January 1, 2021, and any occurrence that happened before that day if the DND or the CAF first became aware of it on or after that day.

Note 2 – For occurrences of workplace harassment and violence involving a DND employee that the DND or the CAF first became aware of before January 1, 2021, the resolution provisions in the applicable regulations that were in force at that time, i.e. Part XX of the Canada Occupational Health and Safety Regulations, will continue to apply.

Note 3 – When an occurrence of workplace harassment and violence only involves CAF members, the following, not DAOD 5014-0, apply with respect to such an occurrence:

• DAOD 5012-0, Harassment Prevention and Resolution
• A-PM-007-000/FP-001, Harassment Prevention and Resolution Instructions

Supersession: Workplace Harassment and Violence Prevention Interim Policy

Approval Authority: Chief of Professional Conduct and Culture (CPCC)

Enquiries:

• Workplace Harassment and Violence Prevention Centre of Expertise (WHVP CoE) (for policy and application)
• Conflict and Complaint Management Services (CCMS) (for alternate dispute resolution services)

2. Definitions

applicable partner (partenaire concerné)

In the Work Place Harassment and Violence Prevention Regulations, the policy committee or, if there is no policy committee, the work place committee or the health and safety representative. (Based on subsection 1(2) of the Work Place Harassment and Violence Prevention Regulations)

Note – For the purposes of the Work Place Harassment and Violence Prevention Regulations, the National Health and Safety Policy Committee in the DND and the CAF acts as the “applicable partner” at the national level, and workplace health and safety committees act as the “applicable partner” for local assessments and programs as required.

designated recipient (destinataire désigné)

With respect to workplace harassment and violence prevention, a work unit in a work place or person designated by an employer under section 14 of the Work Place Harassment and Violence Prevention Regulations. (Based on subsection 1(1) of the Work Place Harassment and Violence Regulations)

harassment and violence (harcèlement et violence)

Any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment. (Subsection 122(1) of the Canada Labour Code, Part II)

occurrence (incident)

With respect to workplace harassment and violence prevention, an occurrence of harassment and violence in the work place. (Based on subsection 1(1) of the Work Place Harassment and Violence Prevention Regulations)

principal party (partie principale)

With respect to workplace harassment and violence prevention, an employee or employer who is the object of an occurrence. (Based on subsection 1(1) of the Work Place Harassment and Violence Prevention Regulations)

responding party (partie intimée)

With respect to workplace harassment and violence prevention, a person who is alleged to have been responsible for the occurrence in notice of an occurrence provided under subsection 15(1) of the Work Place Harassment and Violence Regulations. (Based on subsection 1(1) of the Work Place Harassment and Violence Prevention Regulations)

witness (témoin)

With respect to workplace harassment and violence prevention, a person who witnessed an occurrence or is informed of an occurrence by the principal party or responding party. (Based on subsection 1(1) of the Work Place Harassment and Violence Prevention Regulations)

workplace (lieu de travail)

With respect to occupational health and safety, including workplace harassment and violence prevention, any place where an employee is engaged in work for the employee’s employer. (Based on subsection 122(1) of the Canada Labour Code, Part II)

Note – Work by a DND employee for the DND or the CAF includes, but is not limited to:

1. telework or remote work to the extent that the activities of the DND  employee are controlled by the DND or the CAF;
2. instruction, training or information sessions approved by the DND or the CAF;
3. attendance at events, including social events, approved by the DND or the CAF;
4. attendance at meetings and conferences approved by the DND or the CAF;
5. travel status to the extent that the DND employee’s activities are controlled by the DND or the CAF; and
6. use of communication technology, including social media platforms, with a connection to the workplace or employment conditions. (Defence Terminology Bank record number 695683)

3. Policy Direction

Context

3.1 This DAOD and the accompanying DND Workplace Harassment and Violence Prevention Policy Manual (the Manual) serve to enforce DND- and CAF-wide prevention of workplace harassment and violence. The Manual embraces and actively promotes diversity and inclusion as a core value that goes beyond employment equity. The DND and the CAF are committed to ensuring the Manual considers impacts and experiences across genders and multiple intersecting identities when determining the needs of DND employees and CAF members.

3.2 Occurrences of workplace harassment and violence must be responded to promptly in order to ensure that the workplace remains a respectful and safe environment. Mutual support and respect for the dignity and rights of every person are essential characteristics of the DND and CAF workplace. Not only are certain forms of harassment and violence against the law, but they also erode mutual confidence and respect for individuals and may lead to a poisoned work environment. As a result, operational effectiveness, productivity, team cohesion and morale are placed at risk.

3.3 A “designated recipient” has been established in CPCC (DGCSS) to receive and resolve notices of occurrence from a DND employee, or a CAF member involved in an occurrence with a DND employee, who wishes to provide notice outside of their channel of communication or chain of command, as appropriate.

Policy Statement

3.4 The DND and the CAF are committed to the empowering and support of all DND employees and CAF members by prevention, resolution and protection against workplace harassment and violence in order to foster a safe and respectful workplace.

Requirements

3.5 In order to provide a comprehensive program that prevents, responds and supports the prevention of workplace harassment and violence, the DND and the CAF must:

1. provide training, jointly developed or identified and endorsed by the National Health and Safety Policy Committee, specific to the culture, conditions and activities of the workplace as it relates to workplace harassment and violence;
2. create a framework, jointly with the National Health and Safety Policy Committee, for the conduct, review and update of workplace assessments that consists of the identification of hazards, and internal and external risk factors, that contribute to workplace harassment and violence;
3. develop and implement, jointly with the National Health and Safety Policy Committee, preventive measures to eliminate or minimize the risks related to workplace harassment and violence;
4. develop, jointly with the National Health and Safety Policy Committee, emergency procedures and support services for DND employees and CAF members related to workplace harassment and violence to ensure the health and safety of DND employees and CAF members;
5. establish a reporting mechanism for DND employees who experience workplace harassment and violence, and for DND employees or CAF members who witness workplace harassment and violence that involves a DND employee;
6. promulgate the Manual to support implementation of the requirements of this DAOD;
7. ensure compliance with the Work Place Harassment and Violence Prevention Regulations (the Regulations);
8. establish a resolution process that includes initial review, negotiated resolution, reconciliation, prevention, investigation and implementation of recommendations; and
9. respond to and make every reasonable effort to resolve all workplace harassment and violence occurrences.

3.6 DND employees and CAF members must be aware that any reprisal against a principal party who has exercised rights or duties under the Regulations or the Manual is unacceptable and incompatible with the standards of civility and respect in the federal public service.

3.7 Section 147 of the Canada Labour Code prohibits employers from taking, or threatening to take, any punitive or disciplinary action against employees who have acted in accordance with the Code and the Regulations. If a DND employee believes that DND or the CAF has violated this provision, the DND employee may notify the designated recipient or appropriate human resources personnel. If this is not successful, under section 133 of the Code, the DND employee may file a complaint with the Federal Public Sector Labour Relations and Employment Board.

Reporting of a Notice of Occurrence

3.8 Managers and commanding officers must report the reception of a notice of occurrence to WHVP CoE within seven calendar days.

Individuals other than DND Employees or CAF Members in the Workplace

3.9 Occurrences of workplace harassment and violence that involve individuals other than DND employees or CAF members are also governed by the Canada Labour Code, Part II and the Regulations. The DND and the CAF are required to ensure that:

1. contractors, visitors, federal public service employees from other departments or agencies and other individuals granted access to the workplace are made aware of this DAOD and the Regulations;
2. DND employees and CAF members who grant individuals access to the workplace are made aware of their responsibility to ensure that individuals granted access respect the policy in this DAOD on the prevention, resolution and protection against workplace harassment and violence; and
3. appropriate action is taken to prevent or respond to occurrences of any workplace harassment and violence which may involve such individuals.

3.10 The designated recipient is responsible for determining, on a case-by-case basis, if an occurrence of workplace harassment and violence involving an individual other than a DND employee or CAF member is subject to the Regulations.

4. Consequences

General

4.1 Should clarification of the policy statement, requirements or authorities be required, DND employees and CAF members may seek direction through their channel of communication or chain of command, as appropriate. The anticipated results set out in the policy statement may not be achieved by the DND and the CAF if the requirements specified in this DAOD are not properly implemented. Not achieving the anticipated results could affect the ability of the DND and the CAF to ensure that the CAF is prepared to undertake missions for the protection of Canada and Canadians and the maintenance of international peace and stability.

5. Authorities

Authority Table

5.1 The following table identifies the authorities associated with this DAOD:

6. References

Acts, Regulations, Central Agency Policies and Policy DAOD

• Canadian Charter of Rights and Freedoms
• Access to Information Act
• Canada Labour Code, Part II, Occupational Health and Safety
• Canadian Human Rights Act
• Criminal Code
• Privacy Act
• Public Service Employment Act
• Canada Occupational Health and Safety Regulations
• Work Place Harassment and Violence Prevention Regulations
• Values and Ethics Code for the Public Sector
• Framework for the Management of Compliance, Treasury Board
• Directive on the Prevention and Resolution of Workplace Harassment and Violence, Treasury Board
• Occupational Health and Safety Directive, National Joint Council

Other References

• DAOD 1001-0, Access to Information
• DAOD 2007-0, Safety
• DAOD 5012-0, Harassment Prevention and Resolution
• DAOD 5016-0, Standards of Civilian Conduct and Discipline
• DAOD 5019-0, Conduct and Performance Deficiencies
• DAOD 5026-0, Civilian Grievances
• DAOD 5046-0, Alternate Dispute Resolution
• DAOD 5516-0, Human Rights
• A-PM-007-000/FP-001, Harassment Prevention and Resolution Instructions
• DND Workplace Harassment and Violence Prevention Policy Manual
• Workplace harassment and violence prevention program, National Defence website