Violence and Harassment in the Workplace Policy (No. 868)
Yarmouth, Nova Scotia
· adopted 2025-07-16
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MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Violence and Harassment in the
Workplace Policy
V-1068-20
Effective Date:
July 16, 2025
Violence in the Workplace Policy V-1068-20 1 | P a g e
Part 1 Purpose
1.1
The Municipality of the District of Yarmouth (MODY) is committed to providing a
safe work environment that is free from violence and harassment for all
employees and Councillors. MODY will respond promptly to threats, acts of
violence, harassment and acts of aggression by any employee, Councillor,
committee member, member of the public or other person;
1.2
every employee and Councillor at the Municipality is responsible for keeping the
workplace free from violence and harassment. This includes verbal and physical
intimidation, hostile language and actions, verbal and physical threats, bullying or
violent behavior by employees, Councillors or members of the public against self,
others or Municipal property;
1.3
an employee, Councillor, committee member, client, member of the public or
other person who exhibits harassing, violent or threatening behavior may be
subject to criminal prosecution and shall be subject to disciplinary action up to
and including dismissal from employment, removal from committee, or sanction
under Municipal and Provincial legislation or policy;
1.4
any employee, Councillor, or committee member may file a complaint under this
policy. Complaints by members of the public will be addressed through the Code
of Conduct for Councillors and Progressive Discipline Policy for Municipal
employees.
Part 2 Definitions
2.1
"Bullying" means a single significant occurrence or a course of repeated
occurrences of objectionable or unwelcome conduct, comment or action that,
whether intended or not, ridicules, degrades, intimidates, disturbs or threatens an
individual;
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Violence and Harassment in the
Workplace Policy
V-1068-20
Effective Date:
July 16, 2025
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2.2
"CAO" means the Chief Administrative Officer of the Municipality of Yarmouth;
2.3
"Complaint" means a formal (written or verbal) allegation against a party of a
situation that is unsatisfactory or unacceptable;
2.4
"Complainant" means the person who has made a report about another individual
whom they believe violated this Policy;
2.5
"Councillor" means a member of the MODY Council;
2.6
"Harassment" means a single significant occurrence or a course of repeated
occurrences of objectionable or unwelcome conduct, comment or action that,
whether intended or not, ridicules, degrades, intimidates, disturbs or threatens an
individual;
2.7
"Human Resources (HR)" means the Deputy CAO;
2.8
"Investigator" means the person charged with conducting the investigation;
2.9
"MODY" means the Municipality of the District of Yarmouth;
2.10 "Municipality" means the Municipality of the District of Yarmouth;
2.11 "Respondent" means the person who is alleged to have violated this Policy;
2.12 "Workplace", for the purposes of this policy, is considered to be any place
occupied by an employee, Councillor, committee member, client or citizen where
municipal business is being conducted as part of their employment or function
which includes, but is not limited to, municipal offices and sites, municipally-
owned vehicles, work-related social gatherings, on-line or electronic media, work-
related functions or other locations where an employee, Councillor, committee
member, client or citizen is engaged in activity associated with their employment
or conducting municipal business, and private homes, businesses or construction
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Violence and Harassment in the
Workplace Policy
V-1068-20
Effective Date:
July 16, 2025
Violence in the Workplace Policy V-1068-20 3 | P a g e
sites where an employee is conducting municipal business;
2.13 "Violence in the workplace" may include, but is not limited to, the following list of
prohibited behaviors directed at or by employees, Councillors, committee
members, clients, or others, but does not include any action taken by the
employer or supervisor relating to the management and direction of a worker or
the workplace:
2.13.1 direct threats or physical intimidation such as shaking a fist at someone,
finger pointing, destroying property, or throwing objects;
2.13.2 physically aggressive behaviours, including hitting, shoving, standing
excessively close to someone in an aggressive manner, pushing, kicking,
throwing an object at someone, physically restraining someone or any
other form of physical or sexual assault;
2.13.3 verbal or written threats to physically attack an employee, including
through electronic media;
2.13.4 intentionally causing damage to the property of another;
2.13.5 implications or suggestion of violence;
2.13.6 harassment or bullying;
2.13.7 intimidation;
2.13.8 unwelcome and/or disrespectful comments, gestures or contact;
2.13.9 stalking;
2.13.10 possession of weapons of any kind on municipal property, including
parking lots, other exterior premises or while engaged in activities for the
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Violence and Harassment in the
Workplace Policy
V-1068-20
Effective Date:
July 16, 2025
Violence in the Workplace Policy V-1068-20 4 | P a g e
Municipality in other locations;
2.13.11 assault of any form as defined under Federal or Provincial statute;
2.13.12 physical restraint, confinement;
2.13.13 dangerous or threatening horseplay;
2.13.14 loud, disruptive or angry behavior or language that is clearly not part of
the typical work environment;
2.13.15 blatant or intentional disregard for the safety or well-being of others;
2.13.16 commission of a violent crime on municipal property;
2.13.17 cyber bullying such as posting offensive or intimidating messages
through social media or e-mail and using the Internet to harass, sexually
or physically threaten, or maliciously embarrass or exploit someone, or
sending inappropriate electronic communications (for example, sexually
explicit emails);
2.13.18 spreading malicious rumours or gossip about an individual or a group;
2.13.19 swearing at someone or using inappropriate language toward them;
2.13.20 making unwanted sexual advances or remarks such as abusive or
derogatory remarks or jokes about someone's gender, gender identity,
gender expression, sex or sexual orientation, sexual touching, sexual
invitations, or requests in return for a promise of a reward (such as a
promotion), or displaying offensive posters, cartoons, or images of a
sexual nature;
2.13.21 workplace violence that is based on any personal characteristic,
including, but not limited to, a characteristic referred to in the Canada
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Violence and Harassment in the
Workplace Policy
V-1068-20
Effective Date:
July 16, 2025
Violence in the Workplace Policy V-1068-20 5 | P a g e
Human Rights Act or Nova Scotia Human Rights Act;
2.13.22 all members of Council, Council as a whole, managers and supervisors
are strictly prohibited from engaging in any form of violence, harassment,
or abusive conduct toward employees; this includes the misuse of
authority or position to intimidate, threaten, coerce, or otherwise mistreat
any employee;
2.13.23 any other act that a reasonable person would perceive as constituting a
threat of violence.
2.14 It is defined broadly enough to include acts that may be considered criminal.
Part 3 Policy
3. 1
Any person experiencing or witnessing imminent danger of personal injury or
violence involving weapons should call 911 immediately;
3. 2
Any person who is the subject of a suspected violation of the Violence in the
Workplace Policy involving violence without weapons or personal injury, or is a
witness to such suspected violation, should report the incident to their supervisor,
Human Resources or the CAO;
3. 3
Employees are expected to report any threat or act of violence that they have
witnessed, received, or been informed of, to their supervisor, Human Resources
or the CAO; supervisors and Human Resources shall provide written notice of
such a report to the CAO;
3. 4
In cases where the respondent or complainant is a Councillor, reports shall be
made to the Warden (if the Warden is the respondent or complainant, to the
Deputy Warden); the Warden or Deputy Warden shall provide written notice of
such a report to the CAO;
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Violence and Harassment in the
Workplace Policy
V-1068-20
Effective Date:
July 16, 2025
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3. 5
In cases where the respondent or complainant is the CAO, reports shall be made
to the Warden or HR (HR will notify the Warden);
3. 6
Employees or Councillors who commit a violent act or threaten to commit a
violent act may be subject to disciplinary action, criminal prosecution and/or civil
prosecution as appropriate;
3. 7
Any individual who makes a substantial threat, exhibits threatening behavior or
engages in violent acts on municipal property, at municipally sponsored events,
or other location/event shall be subject to removal from the premises as quickly
as safety permits, pending the outcome of an investigation;
3. 8
Acts of violence (as defined in this policy) that occur between employees,
councillors and members of the public that do not take place in the workplace (as
defined by this policy) are still subject to this policy if:
3.8.1 The behaviour is connected to the work relationship;
3.8.2 The behaviour creates a hostile work environment; or
3.8.3 The behaviour involves intimidation, threats or stalking.
Part 4 Complaint
4. 1
Complaint involving an employee or member of the public:
4.1.1 Anyone who believes that they have been the subject of harassment or
violence in the workplace will:
4.1.3.1 make a reasonable attempt to resolve the behavior informally by
telling the alleged offender that their behavior is unacceptable and
unwelcome and clearly stating that this behavior must stop;
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Violence and Harassment in the
Workplace Policy
V-1068-20
Effective Date:
July 16, 2025
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4.1.3.2 if the matter is not resolved informally between the individuals, the
complainant should immediately inform one of the following: their
immediate supervisor, Human Resources, or the CAO;
4.1.3.3 anyone who is a witness to harassment or violence in the
workplace should immediately inform one of the following: their
immediate supervisor, Human Resources, or the CAO. The
witness will be notified if the complaint is resolved informally, or if
the matter is progressing to an investigation.
4.1.2 Supervisors and managers who are aware of harassment or violence
including prohibited conduct or any potential for violence in the workplace
are expected to address the situation promptly whether or not a formal
complaint has been made. Supervisors and managers are required to
proactively address any conduct which could lead to violence or a violent
act;
4.1.3 it is important that reports or complaints be made as soon as possible after
the alleged incident has occurred so that the issue may be addressed as
swiftly as possible;
4.1.4 the complainant may have evidence of harassing, violent or aggressive
behavior, but may not wish to lay a formal complaint, if this happens:
4.1.4.1 the CAO, Human Resources or supervisor (in the case of
employees) and the complainant may agree on an informal means
of resolving the issue which may include informal meetings or
other communications with the person against whom the
allegations are made; or
4.1.4.2 the CAO may recommend that an investigation should
nevertheless occur as though a formal complaint was in fact laid,
even where that recommendation is contrary to the wishes of the
complainant. An investigation may need to proceed if the
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Violence and Harassment in the
Workplace Policy
V-1068-20
Effective Date:
July 16, 2025
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allegations are serious or if there have been previous complaints
or incidents involving the respondent. The CAO will consider this
recommendation in consultation with the Municipal Solicitor.
4.1.5 Where possible a complaint must be made in writing and include details of:
4.1.5.1 what happened - a description of the events or situation;
4.1.5.2 when it happened - dates and times of the events or incidents;
4.1.5.3 where it happened;
4.1.5.4 who saw it happen - the names of any witnesses.
4.1.6
In all cases the CAO shall be immediately (not more than 24 hours)
informed of reports and shall have the final decision on the appropriate
course of action.
4. 2 Complaint involving a Councillor or the CAO who is either the complainant or
respondent:
4.2.1 A councillor or the CAO who believes that they have been the subject of
harassment or violence in the workplace will:
4.2.3.1 make a reasonable attempt to resolve the behavior informally by
telling the alleged offender that their behavior is unacceptable and
unwelcome and clearly stating that this behavior must stop;
4.2.3.2 if the matter is not resolved informally between the individuals, the
complainant should immediately inform the municipal solicitor;
4.2.2 anyone who is a witness to harassment or violence in the workplace
involving a councillor or the CAO should immediately inform the CAO or
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Violence and Harassment in the
Workplace Policy
V-1068-20
Effective Date:
July 16, 2025
Violence in the Workplace Policy V-1068-20 9 | P a g e
the Warden in writing. The services of a qualified external investigator
shall be engaged. The witness will be notified if the complaint is resolved
informally, or if the matter is progressing to formal investigation;
4.2.3 The Council, CAO, supervisors and managers who are aware of
harassment or violence including prohibited conduct or any potential for
violence in the workplace are expected to address the situation promptly
(not more than 48 hours) whether or not a formal complaint has been
made;
4.2.4 it is important that reports or complaints be made as soon as possible after
the alleged incident has occurred so that the issue may be addressed as
swiftly as possible;
4.2.5 the complainant may have evidence of harassing, violent or aggressive
behavior, but may not wish to lay a formal complaint, if this happens:
4.2.4.1 The investigator and the complainant may agree on an informal
means of resolving the issue which may include informal meetings
or other communications with the person against whom the
allegations are made; or
4.2.4.2 the investigator may recommend that an investigation should
nevertheless occur as though a formal complaint was in fact laid,
even where that recommendation is contrary to the wishes of the
complainant. An investigation may need to proceed if the
allegations are serious or if there have been previous complaints
or incidents involving the respondent;
4.2.6 where possible a complaint must be made in writing and include details of:
4.2.5.1 what happened - a description of the events or situation;
4.2.5.2 when it happened - dates and times of the events or incidents;
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Violence and Harassment in the
Workplace Policy
V-1068-20
Effective Date:
July 16, 2025
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4.2.5.3 where it happened;
4.2.5.4 who saw it happen - the names of any witnesses.
4.3
In all cases the CAO, Warden and Solicitor shall be immediately (not more than
24 hours) informed of reports.
Part 5 Investigation
5.1
Investigations will be completed by the CAO, Human Resources or other
employee appointed by the CAO. In all cases involving a Councillor or the CAO,
the investigation shall be completed by a qualified external investigator.
5.1.1 The investigation will include:
5.1.1.1 interviewing the complainant and respondent to ascertain all of
the facts and circumstances relevant to the complaint, including
dates and locations;
5.1.1.2 interviewing available witnesses, if any;
5.1.1.3 reviewing any related documentation;
5.1.1.4 making detailed notes of the investigation and maintaining them in
a confidential file.
5.2
Where the case involves an employee, once the investigation is complete, the
investigator will prepare a detailed report of the findings to the CAO. A summary
of the findings will also be provided to the complainant and respondent.
5.3
Where the case involves a Councillor, once the investigation is complete, the
investigator will prepare a detailed report of the findings and recommendations
and submit to Council and the CAO at an in-camera session;
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Violence and Harassment in the
Workplace Policy
V-1068-20
Effective Date:
July 16, 2025
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5.4
Where the case involves the CAO, once the investigation is complete, the
investigator will prepare a detailed report of the findings and recommendations
and submit to Council at an in-camera session; if the CAO chooses, they may
elect to have legal representation present for the delivery of the report to Council;
5.5
Should circumstances warrant, the respondent's employment, or seat on a
committee may be suspended (with pay for employees and Councillors) during
all or part of the Municipality's investigation. Where a criminal charge is laid, the
Municipality reserves the right to suspend an employee, Councillor or committee
member without pay pending trial;
5.6
Where the Warden or Deputy Warden is involved, Council may choose to
exercise its rights, with respect to removing them from those positions, as
provided for in the Municipal Government Act.
5.7
No employee, Councillor or committee member shall be subjected to criticism,
reprisal, retaliation or disciplinary action from MODY for good faith reporting
pursuant to this policy; filing a complaint or providing evidence in bad faith could
result in disciplinary action for employees, or suspension of committee seat for
committee members and Councillors.
5.8
This policy has the goal of balancing timeliness of the investigation with the
concepts of thoroughness and fairness for all involved. Following are the
investigation timelines:
5.8.1 Once a complaint is received, the investigator will have 14 calendar
days to collect statements from victims and witnesses;
5.8.2 The respondent will then have 14 calendar days to submit a rebuttal in
writing;
5.8.3 The investigator will then have 14 calendar days to submit a final
report, including checking with complainants or witnesses on
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Violence and Harassment in the
Workplace Policy
V-1068-20
Effective Date:
July 16, 2025
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statements made by the respondent;
5.8.4 Depending on the complexity of the situation, additional time may be
allotted for proper research.
Part 6 Third Parties
6.1
This policy also applies to customers, clients and the general public who violate
this policy. The Municipality may have limited ability to investigate or control the
conduct of these third parties. However, MODY will take reasonable action to
stop or reduce the risk to its employees, Councillors or committee members of
violations of the policy by third parties. Such action may include:
6.1.1 posting this policy in a location visible to third parties;
6.1.2 removing third party violators;
6.1.3 withdrawing municipal services;
6.1.4 contacting law enforcement;
6.1.5 taking legal action against third party violators;
6.2
Where a third party engaged in harassment or workplace violence has been
asked to stop and does not, employees are authorized to:
6.2.1 end telephone conversations;
6.2.2 politely decline service;
6.2.3 ask the individual to leave the workplace;
6.2.4 seek the assistance of a supervisor or law enforcement.
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Violence and Harassment in the
Workplace Policy
V-1068-20
Effective Date:
July 16, 2025
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6.3
All such actions shall be reported immediately, in writing, to the supervisor,
Human Resources or the CAO;
6.4
Where employees are in the private home or business of a client who engages in
harassment or workplace violence, employees are authorized to decline service
and leave the premises. Where a client has engaged in harassment or
workplace violence in the past, or where there is a good possibility of the client
becoming violent, employees are encouraged not to attend alone.
Part 7 Rights
7.1
Employees have the right to refuse work if harassment or workplace violence is
likely to endanger them. In these instances, employees should immediately
contact their supervisor, at which point appropriate measures will be taken to
protect the employee and investigate the situation.
Part 8 Policy Review
8.1
This policy shall be reviewed every three years.
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Violence and Harassment in the
Workplace Policy
V-1068-20
Effective Date:
July 16, 2025
Violence in the Workplace Policy V-1068-20 14 |
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Chief Administrative Officer's Annotation for Official Policy Book
Date of Notice to Council members of Intent to Consider (7
days Min)
July 9, 2025
Date of Passage of current Policy
July 16, 2025
I certify that this Violence in the Workplace Policy V-1068-20 was adopted by Council
as indicated above.
__________________________________
July 16, 2025
Chief Administrative Officer
Date
Date last reviewed: July 16, 2025
Date last amended: July 16, 2025
Amendment Log
Date
Amendment Description
July 19, 2023
- 3.4 - updated that reports are made to the Warden and notice shall be given
to the CAO
- 3.5 - replaced Municipal Solicitor with Warden or HR and replaced
Municipal Solicitor with CAO or HR, added a qualified external investigator
shall be engaged.
- 4.2.4.1 - replaced Municipal Solicitor with investigator
- 4.2.4.2 - replaced Municipal Solicitor with investigator
- 5.1 - updated that investigations are done by a qualified external
investigator
- 5.3 - replaced solicitor with investigator
- 5.4 - replaced solicitor with investigator
July 16, 2025
- Changed title to Violence and Harassment in the Workplace Policy V-0162-
20
- Part 1 Purpose - added to 1.1 "that is free from violence and harassment"
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Violence and Harassment in the
Workplace Policy
V-1068-20
Effective Date:
July 16, 2025
Violence in the Workplace Policy V-1068-20 15 |
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- Part 2 Definitions:
- Added "Bullying" and "Harassment" definitions
- 2.13 added "but does not include any action taken by the employer or
supervisor relating to the management and direction of a worker or the
workplace:"
- 2.13.6 added "harassment"
- 2.13.8 added "or contact"
- added 2.13.17, 2.13.18, 2.13.19, 2.13.20, 2.13.21, and 2.13.22
- Part 3 Policy - added subsection 3.8.
- Part 4 Complaint:
- Subsection 4.2.2 removed "Human Resources"
- added subsection 4.3
- Part 8 Policy Review - added this section.