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Statement of Work - Work Place Harassment and Violence Investigation - 2021-3

January 13, 2021

1.       Purpose

The purpose is to investigate allegations of work place harassment and violence as per the new Work Place Harassment and Violence Prevention Regulations: SOR/2020-130 (Herein after referred to as WPHVPR) on behalf of (Enter text here) and to provide the employer’s representative or designated recipient, with a written report including the description of the occurrence, conclusions including those related to the circumstances in the work place that contributed to the occurrence; and recommendations to eliminate or minimize the risk of a similar occurrence.

This investigation is not conducted for disciplinary purposes and is not intended to provide any party with a personal remedy.

2.       Background

The investigation must be conducted in accordance with the new WPHVPR – and the departmental Work Place Harassment and Violence Prevention Policy and other relevant legislation or requirements.

According to Section 122(1) of the Canada Labour Code (Act), work place harassment and violence “constitutes 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.”

As per Section 28(1) of the WPHVPR, an investigator must have the following qualifications:

  1. be trained in investigative techniques;
  2. have knowledge, training and experience that are relevant to harassment and violence in the work place; and
  3. have knowledge of the Act, the Canadian Human Rights Act and any other legislation that is relevant to harassment and violence in the work place.

3.       Objective

The goal of this investigation is to examine the employee’s allegations as reported in the occurrence; to determine whether the occurrence or series of occurrences meets the definition of “work place harassment and violence”; to determine the root causes of the occurrences(s) and to make recommendations to prevent further occurrences of work place harassment and violence; and to reduce the risk of work place harassment and violence from occurring.

4.       Description and Scope of Work

The investigator will investigate the allegations in accordance with the following terms and conditions:

  1. The investigation aims to:
    1. gather and analyze all information, interview relevant parties (e.g. principal party, responding party, witnesses) about the work place harassment and violence allegations;
    2. determine whether the allegation(s) constitute(s) any action, conduct, threat or gesture of a person towards an employee in their work place that can reasonably be expected to cause harm, injury or illness to that employee;
    3. determine the nature of the work place harassment and violence and contributing factors, and identify additional measure(s), and root causes; and
    4. provide recommendations to prevent reoccurrence or further occurrences of work place harassment and violence;
  2. The investigator will conduct all interviews in a fair, impartial, professional manner and will respect the rights and dignity of all parties involved. The investigator is permitted assistance such as translation and transcription. However, subcontracting of this contract is not permitted and the investigator is the individual to which this contract applies.
  3. The investigator will investigate the current work place harassment and violence allegation(s) provided to them. If, during the investigation, the investigator becomes aware of other allegations, they must report the additional allegation(s) in writing to the designated recipient to discuss how to proceed. The designated recipient will determine if the occurrences will be included in the investigator’s investigation or if they will proceed as separate occurrences.
  4. At the end of the investigation, the investigator shall provide a written report (see the model report in the appendix) to the designated recipient.
    The report must:
    1. be presented in an objective and logical manner;
    2. detail the relevant information that was gathered as part of the investigation (including a root cause analysis, conclusions and recommendations as appropriate);
    3. comply with the WPHVPR and section 4(a) of this statement of work; and
    4. be of high quality based on the scope of the investigation and nature of the contract.

As per Section 25(2) of the WPHVPR, should the parties resolve the matter while an investigation is ongoing, the employer representative or the designated recipient will notify the investigator to discontinue the investigation.

5.       Expectations and Deliverables

The investigator will:

  1. Interview the principal party, responding party and witness(es), during their working hours throughout the process, unless otherwise requested;
  2. Be responsible for coordinating meetings and interviewing the principal party, responding party and identified witness(es) as identified throughout the investigation;
  3. Allow the principal party, responding party(s) and witness(es) to review their statements and provide signed confirmation of its accuracy following the interview or when reasonably practicable;
  4. Advise the employer’s designated recipient of any failure to cooperate on the part of a party or witness for the purposes of potentially amending the statement of work;
  5. Determine whether the allegation(s) meets the definition of “work place harassment and violence” as per the WPHVPR with documentation and rationale;
  6. Provide and document clear recommendations to prevent a reoccurrence of the work place harassment and violence and identify additional measure(s), contributing factors, and root causes;
  7. Prepare a clear and concise report and provide one (1) paper version and one (1) electronic version (in PDF) of the final work place harassment and violence investigation report to the employer’s authorized representative or designated recipient;
  8. The investigator’s report must not reveal, directly or indirectly, the identity of persons who are involved in an occurrence under the Regulations (e.g. work locations, dates, division/group names);
  9. Conduct the investigation in accordance with the following legislation, principles, and applicable techniques during the investigation process:
    1. the Canada Labour Code, Part II;
    2. the Canadian Occupational Health and Safety Regulations;
    3. the Work Place Harassment and Violence Prevention Regulations;
    4. the Canadian Human Rights Act;
    5. the Access to Information Act;
    6. the Privacy Act; and
    7. the Official Languages Act.
  10. Assure confidentiality during the investigation process; and
  11. Ensure that all parties are reminded of their right to be accompanied by a person of their choice and that they can communicate in the official language of their choice.

6.       Resources and Level of Effort

It is estimated that there will be (Enter text here) people to interview. The investigator will confirm the number of people in question after reviewing the allegations and interviewing the principal party. All persons to be interviewed must be available within a reasonable time frame. This should be discussed and planned and not be left up to interpretation.

The investigator may be requested to provide an hourly log of interview time, travel time, research and report writing upon completion of the report, at which time, remuneration can be adjusted.

7.       Location of Work and Travel

The interviews may be conducted by various means (in person, telephone or virtually) depending on the circumstances and factors (i.e. pandemic, availability, travel requirements etc.). There will be (Enter text here) days of travel required for the investigator, as applicable.

8.       Language of Work

All correspondence, communication, and interviews with affected parties will be conducted in the official language of the candidate’s choice and any communication-related accommodations may be requested to ensure barrier-free participation in correspondence, communication and interviews. The reports and documents must be written in either English or French. If translation is required, the employer will be responsible for any translation and related costs.

9.       Schedule and Costs

The investigator will commence work on or about (Enter text here), and complete all the work required in this Statement of Work by (Enter text here), unless otherwise agreed to as per the contract and SOW.

The investigator’s services will be provided at a cost based on the rates established in the contract.

The invoice will be submitted at the end of the mandate and will be based on the actual work performed during the contract.

10.   Confidentiality

The investigator acknowledges that they are bound by the Privacy Act (R.S.C., 1985, c. P-21), with respect to protecting personal information, within the meaning of that Act. The investigator will keep confidential all personal information gathered, created, or processed in his or her care as part of the contract and will not use, copy, disclose, abandon, or destroy it except in accordance with this clause and the provisions of the contract.

11.   Security Requirements

An external investigator working for the Government of Canada must hold the security clearance indicated as follows.

The contractor/offeror must, at all times during the performance of the contract/standing offer, hold a valid Designated Organization Screening (DOS) with approved document safeguarding at the PROTECTED B level, issued by the Canadian Industrial Security Directorate (CISD), Public Works and Government Services Canada (PWGSC).The contractor’s personnel requiring access to PROTECTED information, assets, or worksite or worksites with controlled access must EACH hold a valid RELIABILITY STATUS clearance granted or approved by the CIISD of the PWGSC. The contractor MUST NOT utilize its information technology systems to electronically process, produce or store PROTECTED information until the CISD/PWGSC has issued written approval. After approval has been granted or approved, these tasks may be performed at the level of PROTECTED B.

12.   Employer Contracts

The contracting authority is: (Enter text here).

         

The contracting authority (or employer’s authorized representative or designated recipient) is responsible for the management of the contract. Any changes or delays to the contract must be authorized in writing by the contracting authority. The contractor is not to perform work in excess of or outside the scope of the contract based on verbal or written requests or instructions from any government personnel other than the aforementioned authority.

The project authority for the contract is: (Enter text here).

          

The employer’s representative or designated recipient is: (Enter text here).

   

The employer’s representative or designated recipient is responsible for:

  1. All matters concerning the technical content of the work under the contract;
  2. Providing the following to the investigator:
    1. Any relevant information for which disclosure is not prohibited by law and that would not reveal the identity of the person involved without their consent, and contact information (email, telephone number, address, building name, dates);
    2. Departmental work place harassment and violence prevention policy(ies);
    3. Summary of the allegations;
    4. Interview locations (physical or virtual); and
  3. The overall management of the contract;
  4. Acting as a single point of contact to resolve any contractual issues that may arise;
  5. Specifying any proposed quality assurance amendments;
  6. Ensuring quality assurance and verifying the conditions of the Statement of Work is complete;
  7. Reviewing and accepting the work performed as detailed in the statement of work; and
  8. Reviewing and approving all invoices submitted once all quality assurance measures have been met and the designated recipient has signed off on the report for quality assurance.

13.   Signatures

In witness whereof this statement of work is signed:

 
 
________________________________  		  
 
________________________
NAME
Employer representative		 Date

  

  

 
 
________________________________  		  
 
________________________
NAME
Investigator		 Date

 

Appendix 1

Investigator Written Report Template

Name of Organization (should investigator be named from the external)

Name of Department:

 

Location Site Investigation:

 

Departmental Contact:
 

Title:

Location:

 

 

Address:

 

 

Type of Work Environment:
 

Date:
 

Investigator Name:
 

Signature:

Title of Investigator:
 

 

 

The investigator’s report must be written in a manner which does not reveal the identity of any of the persons involved either directly, or indirectly.

Investigation Scope

The investigation is conducted to establish whether workplace harassment and violence has occurred. When occurrences are investigated, the focus on the investigation is to identify root causes and prevention measures to prevent a reoccurrence. The investigator must examine the allegations by reviewing the occurrence brought forward and make a determination as to whether the occurrence meets definition of “workplace harassment and violence,” as per the WPHVPR. The main role of the investigator is to make recommendations to implement systemic controls to eliminate or minimize the recurrence of workplace harassment and violence or to the extent reasonably practicable. The recommended preventative measures are intended to prevent a recurrence of workplace harassment and violence, in cases where violence and harassment are founded.

The investigation activities are intended to find facts that can lead to actions, not to find fault or lay blame. Therefore, investigating occurrences of workplace harassment and violence under the Workplace Harassment and Violence Prevention Regulations (WPHVPR) is to determine systemic gaps and organizational risk factors within the OHS Management System in order to formulate effective recommendations for prevention and reoccurrence of workplace harassment and violence.

The report is to be released to the employer’s representative or designated recipient. The report should provide the representative/designated recipient with the necessary information to allow the Workplace Health and Safety Committee / Health and Safety Representative to make recommendations to the employer on the implementation and adoption of the Investigator’s recommendations.

Nature of the Occurrence:

 

 

Information Obtained:

 

 

Department:

 

 

Principal party and Responding party to the Occurrence:

 

 

Witnesses:

 

 

Investigative Findings:

 

 

Conclusion and Rational for the Conclusion:

 

 

Recommendations:

 

 

Other Considerations: