EFFECTIVE DATE: September 10, 2019

UPDATE: December 19, 2023

1. Objectives

The purpose of this policy is to affirm the commitment of Mandoline Hybride to prevent and cease any situation of psychological or sexual harassment within his company, including any form of discriminatory harassment. It also aims to establish the principles of procedure that are applied by the organization when a harassment complaint is filed, or a situation of harassment is reported to management or company representatives.

2. Scope

This policy applies to all levels of staff in the organization, especially in the following places and contexts:

• workplaces;
• common areas;
•  any other place where people must be in accordance with their employment (eg: training sessions, rehearsals, performances, meetings, training courses, trips, activities organized by the employer);
• communications by any means, technological or otherwise.

3. Definition

The law according to The Labor Standards Act, defines psychological harassment as follows:

“Vexatious conduct manifested either by behavior, words, deeds or repeated gestures, which are hostile or unwanted, which undermine the dignity or the employee’s psychological or physical integrity, resulting in a harmful work environment for the employee. For greater clarity, psychological harassment includes such conduct which manifests as words, acts or gestures of a sexual nature. 

A single serious act can also constitute psychological harassment if the act carries such an offense which produces a continuous harmful effect for the employee.”

The definition includes discriminatory harassment related to the grounds provided by the Charter of Human Rights and Freedoms of the person.

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

4. Policy Statement

Mandoline Hybride does not tolerate or allow any form of psychological or sexual harassment within the organization, whether:

• by managers towards salaried or contractual persons;
• between colleagues;
• from any person in association, be it a: representative, client, user, supplier, visitor or other.

Any behavior related to harassment may result in the imposition of disciplinary measures up to and including dismissal.

Mandoline Hybride commits to taking reasonable means to:

• provide a working environment free from all forms of harassment in order to protect the people’s dignity as well as their psychological and physical well-being;
• circulate the policy in such a way as to make it accessible to all of its staff by providing copies to staff upon hiring and using a Drive folder, accessible to all peoples under their employ;
• prevent or, as the case may be, put an end to situations of harassment by:
  • setting up a procedure for dealing with complaints and reports linked to situations of psychological or sexual harassment;
  • ensuring that everyone understands and respects the police;
  • promoting respect between individuals.

5. Expectations of staff

It is the responsibility of all staff to adopt a behavior that promotes the maintenance of an environment free from psychological or sexual harassment.

6. Processing complaints and reports

Where possible, the person who believes they are experiencing psychological or sexual harassment should first inform the person of concern that their behavior is undesirable and that they must end it. They should also note the date and details of the incidents, as well as the steps they took to try to resolve the situation. 

If this first intervention is not possible or if the harassment continues, it is possible to report the situation to one of the appropriate persons designated by Mandoline Hybrid in order that the problematic behaviors and the means required to deal with said behaviors be identified.

A complaint can be made verbally or in writing. The alleged behavior and the details of the incidents should be described as precisely as possible, so that an intervention can be carried out quickly, and an end put to the situation.
The persons designated by the employer are the following:

• Élise Ross-Nadié, president;
• Sylvie Lavoie, treasurer;

The person who witnesses a situation of harassment is also invited to report it to one of the designated persons mentioned above.

7. Principles of intervention

Mandoline Hybride commits to:

• take charge of the complaint or report as soon as possible;
• preserve the dignity and privacy of the persons concerned, that is to say the person making the complaint, the person of whom the complaint was made, and the witnesses;
• ensuring that everyone concerned is treated with humanity, fairness and objectivity and that adequate support is offered to them;
• protect the confidentiality of the intervention process, including information relating to the complaint or report;
• offer those concerned, with their agreement, to hold a meeting to resolve the situation;
• conduct, if necessary, an objective investigation without delay, or entrust the responsibility of the investigation to an external party. The persons concerned will be informed of the conclusion of this process. If the investigation does not establish that there have been any incidents of unacceptable behavior, all physical evidence will be retained for two years and subsequently destroyed;
• take all reasonable measures to resolve the situation, including in particular appropriate disciplinary measures.

Anyone who commits a violation of the harassment policy will be subject to the appropriate disciplinary measures. The choice of the applicable disciplinary measure will take into account the gravity and consequences of the gesture (s) as well as any previous record of the person who committed them.

As part of the treatment and resolution of a situation relating to harassment at work,

no one shall be prejudiced or retaliated against our management.

A non-unionized person who believes they are or have been subjected to psychological or sexual harassment in connection with their work can also file a complaint at any time directly with the Standards, Fairness, Occupational Health and Safety Commission (CNESST). The deadline to submit is at a maximum of two (2) years from the last incident of harassment.

The complaint can be filed by phone at 1 844 838-0808 or online https://www.cnt.gouv.qc.ca/services-en-ligne/plaintes-en-ligne-sur-les-normes-du-travail. The choice of an employee or a contracted employee to address management first will not the effect or prevent them from also filing a complaint with the CNESST.

APPENDIX 1 – Recognizing Psychological Or Sexual Harassment

The Labor Standards Act provides criteria for determining what can be considered as psychological or sexual harassment as either:

• vexatious behavior (hurtful, humiliating);
• which manifests itself repeatedly or in a single and serious act;
• in a hostile (aggressive, threatening) or unwanted manner;
• undermining the dignity or integrity of the person;
• resulting in a harmful (toxic, destructive) work environment.

These conditions include words, acts or gestures of a sexual nature.

Discrimination based on any of the grounds listed in section 10 of the Charter of Human Rights and Freedoms can also constitute harassment: race, color, sex, pregnancy, sexual orientation, marital status, age except to the extent provided by law, religion, political beliefs, language, ethnic or national origin, social condition, handicap or the use of a means to compensate for this handicap. 

For example, the following behaviors could be considered to be vexatious conduct constituting harassment if they meet all the criteria of the law.

Behaviors that may be linked to psychological harassment:

• intimidation, cyberbullying, threats, marginalization;
• offensive or defamatory words or gestures towards a person or their work;
• verbal abuse;
• defamation.

Behaviors that may be linked to sexual harassment:

• Any form of unwanted attention or advance with sexual overtones, for example:
  • insistent proposition;
  • looks, kisses or touching;
  • sexist insults, vulgar language;

• Words, jokes or images with a sexual connotation by any means, technological or other.

APPENDIX 2 – Responsible Persons Designated By The Employer

Mandoline Hybride:

• ensure that the designated responsible persons are suitably trained and have the necessary tools to deal with and follow up on the complaint or report;
• will free up working time so that the designated responsible persons can perform the functions assigned to them.

The following persons are designated to act as responsible in the application of Mandoline Hybride’s workplace prevention policy of psychological or sexual harassment and their processing of complaints:

• Élise Ross-Nadié, president;
• Sylvie Lavoie, treasurer.

These responsible persons must primarily:

• inform the staff about the company’s harassment policy in regards to psychological or sexual harassment;
• intervene informally in an attempt to resolve situations;
• receive complaints and reports;
• recommend necessary actions to be taken to put an end to the harassment.

Commitment of responsible persons

I hereby declare my commitment to comply with this policy and assure that my intervention will be impartial, respectful and confidential.

APPENDIX 3 – Other Resources

L’APARTÉ 
Assistance to people undergoing harassment or violence in the cultural sector.
450 396-9449 OU 1 833 LAPARTE
aparte@juripop.org
https://aparte.ca/agir#contactez-nous 

GROUPE D’AIDE & D’INFORMATION SUR LE HARCÈLEMENT SEXUEL AU TRAVAIL (GAISHT)
Aid organization for victims of harassment providing information and support through the phone.
514 526-0789

ACTION TRAVAIL DES FEMMES 
Organization which defends the rights of women in the workplace, with regards to discrimination in particular.
514 768-7233 

CRIME VICTIMS ASSISTANCE CENTRE (CAVAC)
1 866 532-2822 

MONTRÉAL SEXUAL ASSAULT CENTRE (CVASM)
1 888 933-9007 

LA LIGNE D’AIDE POUR LES VICTIMES D’AGRESSION SEXUELLE
514 933-9007 (Montreal)
1 888 933-9007 (Elsewhere in Quebec) 

GRAPHIC STORY “Dance doesn’t mean putting up with everything!” by Regroupement québécois de la danse
https://www.quebecdanse.org/ressources/ressources-humaines/prevenir_violences_harcelement /bande-dessinee/ 

COLIMAÇON SOUTIEN ORGANISATIONNEL
Organization offering services to support organizations in caring for their dynamics
https://colimacon.info/home