Policy Statement:
Marigold Capital is committed to fostering a harassment-free workplace. Harassment can both undermine an individual’s dignity and prevent an individual from working effectively. In creating a healthy and safe space at work, and in all work-related activities, Marigold Capital has a zero tolerance for any form of harassment. This policy also demonstrates our commitment to creating a workplace that is welcoming and inclusive.
Employees who are found to have harassed another individual may be subject to disciplinary action. This includes employees who have: interfered with the outcome of a harassment complaint, retaliated against an individual for filing a harassment complaint, or filed a false or unfounded claim with intent to cause harm.
Marigold Capital will provide a fair and prompt investigation of any complaint or concern without fear of reprisal, provided the complaint is not found to be frivolous or vexatious.
Scope:
This policy applies to all current employees of Marigold Capital, including full-time, part-time, contract, permanent employees, or any individual carrying out business on behalf of Marigold Capital. It also applies to job applicants.
The policy applies to behaviour in all situations that are in some way connected to work, including behaviour at the place of work, while working from home/off-site, off-site meetings, training courses, business trips, and any other work-related functions or events.
Definitions:
Workplace Harassment:
- engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome, or
- workplace sexual harassment;
“workplace sexual harassment” means,
- engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or
- making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome;
A reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment.
Further to the above, discrimination and harassment on grounds protected under the Canadian Human Rights Act (race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, sex, sexual orientation, gender identity, gender expression, marital status, family status, disability, record of offences), and all other forms or bullying and psychological harassment will not be tolerated.
Examples of workplace harassment include, but are not limited to:
- offensive or intimidating comments or jokes;
- bullying or aggressive behaviour;
- displaying or circulating offensive pictures or materials;
- inappropriate staring;
- workplace sexual harassment;
- isolating or making fun of a worker because of gender identity
- threats made or perceived, that are malicious, vexatious or based on any of the prohibited grounds under Human Rights legislation
- derogatory written or verbal communication or gestures (e.g. name-calling, slurs, taunting pictures or posters, bullying, graffiti), that are malicious, vexatious or that relate to any of the prohibited grounds under Human Rights legislation
- application of stereotypes or generalizations based on any of the prohibited grounds under the legislation
Responsibilities & Expectations:
All employees are responsible for:
- treating others with respect in the workplace;
- reporting harassment to Jonathan Hera,or to another manager in the company;
- cooperating with a harassment investigation and respecting confidentiality related to the investigation process
All employees can expect to:
- be treated with respect in the workplace;
- have reported harassment dealt with in a timely, confidential and appropriate manner;
- have rights to a fair process during a harassment investigation;
- to be protected from reprisal or retaliation for reporting an incident or cooperating with a harassment investigation
Confidentiality:
The privacy of all parties will be respected to every extent possible. Information regarding individual circumstances will only be shared on a need-to-know basis, except where required for legal reasons. The name or details of the investigation will not be disclosed to any person except where disclosure is necessary for the purpose of investigation.
Timeframe:
Investigations will be completed within 90 calendar days unless there are extenuating circumstances, and results will be communicated in writing to the alleged victim and alleged harasser (if the alleged harasser works for the company) within 10 days of the conclusion of the investigation.
Disciplinary Action:
If any claim of harassment is substantiated, the harasser will be subject to immediate disciplinary action, up to and including dismissal. The same is true for anybody who files a harassment claim which is known to be false, anybody who interferes with an investigation, and anybody who retaliates against a complainant, respondent or witness.
Other remedies:
Nothing in this policy shall be deemed to limit the right of an employee to seek assistance from the Human Rights Commission of Ontario, local OSHA Regional or Area Office, or any other remedy outside of Marigold Capital.