Toolkit for HR InvestigationsONS

TOOLKIT

Members should be mindful and make themselves aware of the City of Toronto policies as they relate to their responsibilities to help foster and maintain positive and professional working environments across all Divisions in TFS. By demonstrating respect for each other, by keeping the lines of communication open, and by recognizing that everyone will process things differently, there is no reason why we cannot continue to work harmoniously together.

Members are strongly encouraged to contact a member of the Human Relations and Equity Initiatives (HREI) Committee when situations arise in workplaces that could benefit from unbiased assistance, to help members work through strategies to return working environments to a condition where all parties feel comfortable.

The following information is intended to provide a better picture of what to expect when someone considers filing an HR complaint against a co-worker or co-workers.

Parties could create their own document with notes and facts about their complaint. For example, these notes could include names, dates and locations and any other pertinent information. This is not a legal document that will be submitted, but it can serve as a reference point for members during the HREI mediation process and/or TFS Staff Services Division (SSD) process.

HREI COMMITTEE MEDIATION

1. You will be advised that, at any time, it is your right to file a formal complaint via the City of Toronto process. 2. You will be asked to describe/explain your concern. 3. You will be asked if you believe that there would be a benefit for a mediation between you and the other member(s). 4. A meeting will be arranged at your work location. People you can expect to be in attendance beyond you and the other member are a minimum of one HREI representative and your District Chief. Note: Your HREI Committee representatives are in attendance as neutral parties who are involved to help facilitate a constructive dialogue, help identify areas of concern and to help promote dialogue to find resolves.

The DC will be engaged to help provide a level of support for the members as their highest level of supervision within the chain of command (within the bargaining unit).

The HREI members and the DC will meet with each of the parties (complainant and respondent) where the following might occur: a) It will be explained that the meetings are meant to provide an opportunity for each party to express their position/concern, to find common ground regarding each other’s position/concern, and hopefully arrive at a position where each member can put things behind them and move forward in a professional manner so that the parties can work together. b) Beginning with the complainant and followed by the other parties, separate meetings will be facilitated. c) When both parties are agreeable, a meeting of all affected parties will be held to help the members discuss their situation, take ownership of their role in the disagreement, indicate how each is going to modify their behaviour to help reduce tensions and to put the members in a position to be able to work together. This is the desired outcome.

TFS STAFF SERVICES DIVISION (SSD)

When an HR complaint is escalated to include the TFS SSD:

1. Through the process, the SSD will develop questions based on:

a) the complaint. b) the initial complaint interview. c) the respondent interview, and d) interviews with witnesses. TFS and SSD take the position that they are not obligated to notify the TPFFA when, in the opinion of TFS/SSD, they determine that interviews with witnesses are not going to yield any statement that would put the witnesses in a position that could result in discipline. The TPFFA does not agree with the TFS/SSD position and strongly encourages witnesses to contact a member of the Local 3888 HREI or Grievance Committee, should they be approached for an interview as a witness. Note: Through this process, the complainant and the respondent will have representatives from the 3888

HREI and/or Grievance Committee in attendance to document the SSD questions and your responses. Your

TPFFA representative is there to take notes and ensure both the process and the member are respected. The

TPFFA rep’s role is not as a lawyer/advocate. They have little standing to direct/control questions asked by SSD. Your representatives are able to indicate that the member has answered their question and to move the interview along and they can facilitate breaks to allow members an opportunity to compose themselves. In all interviews, neither you. nor the 3888 representatives, will have access to the questions prior to any interview. It is important that you pace your responses, so that their questions and your responses can be documented.

2. During these interviews, each party will be asked a standard set of initial identification questions that are likely to include:

• Your name • Your employee number • Your start date • Your rank • When you attained your rank • Your work location

3. At the end of the interview questions, each party will be asked if there is anything else that they would like to add that may help with the SSD investigation. 4. At the end of the SSD interview, they are likely to advise each party of the following:

a) Each party is not to speak to any other parties about the investigation beyond your union representatives, your doctor and/or your legal counsel. b) Each party is not to retaliate against any of the involved parties. c) Any discussion of the issue, outside of those indicated or any retaliation could result in discipline up to termination.

Considerations During Your Interview/Interrogation

1. SSD representatives will use techniques to

‘encourage’ you to share beyond what you have been asked. Example: using dead air/silence. - Allow the SSD person to move onto the next question. 2. SSD representatives will often ask for the same information in several questions. - Feel free to indicate that you have already provided the information. 3. Consider only providing answers to the questions that you are asked. 4. Be factual.

These investigations can take an extended period of time. In some cases, it can take many months. During this process, it is not uncommon for parties to continue their pre-complaint working arrangements. Please govern yourself appropriately when you return to your workplace.

Human Rights Tribunal of Ontario:

A third mechanism available to members is the Ontario Human Rights Tribunal. Members are encouraged to consider this as another way to get a resolve.