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Posts Tagged ‘Bill 168’

Important lessons for employers and lawyers on workplace harassment investigations

Friday, November 18th, 2011

A hospital employee faced complaints of workplace harassment from co-workers, and the hospital imposed discipline on him, including a demotion. The employee’s union subsequently filed a grievance with the labour relations board. The hospital retained the services of an independent outside investigator who was also a practicing lawyer. When the union requested access to the investigation report, the hospital claimed solicitor-client privilege, and refused to hand it over…

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Tags: access to documents related to the investigation, Bill 168, bullying, employment law, grievance, harassment complaint, investigation report, investigator, occupational health and safety act, OHSA, ontario, Ontario Labour Relations Board, reprisal, solicitor-client privilege, third-party investigator, workplace harassment, workplace harassment investigations, workplace investigation
Posted in Health and Safety, Human Resources, Union Relations | Make a Comment »

Landmark decision gives insight into workplace harassment and employer reprisal

Friday, October 21st, 2011

The Ontario Labour Relations Board has provided what some believe to be the most significant legal interpretation yet of workplace harassment and employer reprisal in the context of the recently enacted Bill 168 amendments to the Occupational Health and Safety Act (OHSA). The case, Conforti v. Investia Financial Services Inc., 2011, was decided on September 23, 2011.

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Tags: Bill 168, compliance, discipline, employment law, harassing email, occupational health and safety act, OHSA, ontario, reprisal, right to refuse work, risk assessment, termination, termination for cause, termination for harassment complaint, vexatious comment or conduct, whistleblowing, workplace harassment, workplace harassment investigation, workplace violence
Posted in Employee Relations, Finance and Accounting, Health and Safety, Human Resources, Human Rights, Internal Controls | Make a Comment »

Does over-sensitivity lead to harassment? The preventive value of respect

Tuesday, October 11th, 2011

“Excessive claims of workplace harassment are a sign that our society has become far too sensitive and it really needs to stop.” This is the message I received from workshop participants this week during a group discussion on the topic of the prevention of workplace harassment and discrimination. But is it true?

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Tags: Bill 168, discrimination, employment law, harassment, harassment prevention, healthy workplaces, human rights code, illness, lost time, offensive speech, OHSA, Ontario Occupational Health and Safety Act, over-sensitive, respect, sexism, stress, workplace harassment, workplace violence
Posted in Employee Relations, Health and Safety, Human Resources, Human Rights | 2 Comments »

Can I be disciplined for off-duty behaviour?

Tuesday, September 27th, 2011

“I am at a party on my day off and a coworker hurls racial insults at me or makes sexual suggestive comments to me.” Am I protected by my employer’s harassment and discrimination policy? Likewise, if I am the one doing the hurling or suggestive commenting, am I subject to discipline under my employer’s policies?

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Tags: Bill 168, canadian employment law, discrimination, Dismissal, employee discipline, employment law, harassment, HR issues, off-duty acts, off-duty conduct, off-duty hours, policies and procedures, policy manual, prevention workshops, terminations, workplace code of conduct, workplace harassment, wrongful dismissal
Posted in Employee Relations, Human Resources, Human Rights | 4 Comments »

Employers must now treat verbal threats as serious offences under the OHSA’s definition of workplace violence

Wednesday, September 14th, 2011

A recent labour arbitrator’s decision—to uphold the City of Kingston’s right to terminate a 28-year employee for issuing a verbal threat against a co-worker—was based in large part on the arbitrator’s view that “the classification of threatening language as workplace violence” under the Occupational Health and Safety Act represents a “clear and significant change” to the law in Ontario.

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Tags: Bill 168, employment law, inappropriate language, occupational health and safety act, OHSA, ontario, Ontario Labour Relations Act, proportionality, safe workplace, security, termination for cause, threat, threat of violence, uttering threats, verbal threats, violence, workplace harassment, workplace investigation, workplace violence
Posted in Employee Relations, Health and Safety, Human Resources, Human Rights, Internal Controls | 2 Comments »

Workplace violence and privacy: what’s the connection?

Tuesday, June 28th, 2011

So here’s a question to ask yourself—what are your legal obligations under Ontario law when you see an online photo of your worker committing violent acts?

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Tags: 12th Annual Ontario Employment Law Conference, Bill 168, employment law, facebook, harassment, health and safety, Kelly McDermott, occupational health and safety act, OH&S, OHSA, ontario, policies and procedures, Rioting, social media, Stanley Cup playoffs, Stringer Brisbin Humphrey, termination, twitter, workplace harassment, workplace violence, wrongful dismissal
Posted in Conferences, Health and Safety, Human Resources, Privacy and Security | Make a Comment »

Bill 168, workplace violence and harassment provisions in OHSA – A year in review – Learn the latest

Wednesday, May 25th, 2011

Nearly one year ago, the Ontario government enacted Bill 168, which added workplace violence and harassment provisions to the Occupational Health and Safety Act. Many employers were ready, but many are still scrambling to comply, which, among other things, includes developing written policies to address both violence and harassment at work and to review those policies at least once a year.

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Tags: Bill 168, Due diligence, employment law, measures and procedures, MOL inspections, non-compliance, occupational health and safety act, OHSA, Ontario Ministry of Labour, policies and programs, risk assessments, training, Training of employees, workplace harassment, workplace violence, workplace violence and harassment, written policies
Posted in Conferences, Health and Safety, Human Resources | Make a Comment »

Listen to your employees and reduce your workload!

Tuesday, May 24th, 2011

The Occupational Health & Safety Act (OHSA) requires that when conducting a workplace violence risk assessment you take into account both the nature of your workplace and type of work you perform…

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Tags: Bill 168, canadian employment law, employment law, harassment and violence policy, occupational health and safety act, OH&S, OHSA, ontario, policies and procedures, risk assessment, safety, training, training workshops, workplace violence, workplace violence risk assessment
Posted in Employee Relations, Health and Safety, Human Resources | Make a Comment »

Don’t sweep harassment under the carpet

Tuesday, May 10th, 2011

Occupational health and safety law and human rights law both prohibit reprisals, threats and intimidation against a person for exercising their rights. Employers can be liable for stiff financial penalties for permitting this unacceptable behaviour…

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Tags: allegations of abuse, Bill 168, canadian employment law, complaint process, employment law, harassment, human rights code, intimidation, occupational health and safety, occupational health and safety act, Ontario Human Rights Tribunal, policies and procedures, prevention, reprisals, threats, unacceptable behaviour, workplace harassment, workplace harassment and violence, workplace violence
Posted in Employee Relations, Health and Safety, Human Resources, Human Rights | 1 Comment »

Domestic violence and the workplace – balancing privacy and safety

Monday, March 7th, 2011

I’m going to go out on a limb here and say that most of the requirements of Ontario’s Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace) 2009 are uncontroversial, and most organizations should have little trouble understanding them and complying. However, one aspect of the law has caused more discussion and confusion than any other: the domestic violence provisions, which require employers to intervene in instances where they suspect (based on reasonable evidence) that an employee has suffered or is suffering from domestic violence, particularly if that violence might reach into the workplace.

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Tags: balancing privacy and safety, Bill 168, dealing with workplace violence, disclosure of personal information, disclosure of persons with a history of violence, domestic violence, domestic violence and the workplace, employment law, management, ontario, Ontario Occupational Health and Safety Act, safety trumps privacy, signs of domestic violence, Violence and Harassment in the Workplace, workplace harassment, workplace violence
Posted in Health and Safety, Human Resources, Privacy and Security | 3 Comments »

General employment, health and safety information is not legal advice

Tuesday, October 26th, 2010

I recently received feedback from a reader stating “I checked with the Ministry of Labour and you don’t need two separate policies to meet your workplace violence and harassment obligations. Your information is wrong.” Always question information you read or are given, double check it, triple check it and then make up your own mind about how you are going to proceed. However, it does not make the information in itself wrong.

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Tags: Bill 168, canadian employment law, employment law, feedback, harassment, legal advice, occupational health and safety, occupational health and safety act, OHSA, online information, policies and procedures, reference manual, workplace harassment, workplace violence
Posted in Health and Safety, Human Resources | Make a Comment »

Workplace violence in self-defence: what does the law say?

Tuesday, October 12th, 2010

Although some readers believe that any kind of workplace violence is inappropriate, there was a consensus that acting within reason to protect yourself is okay—nobody should be expected to “stand there and take a beating”.

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Tags: Bill 168, canadian employment law, employment law, Harassment and violence training, occupational health and safety, occupational health and safety act, OHSA, ontario, policies and procedures, self-defence, training, workplace harassment and violence policies and program, workplace violence, workplace violence and self-defence, workplace violence in self-defence, workplace violence workshop
Posted in Health and Safety, Human Resources | 3 Comments »

Violence and harassment prevention: Keep hate crimes in check!

Tuesday, June 22nd, 2010

You have a legal obligation to understand how the race, religion and sexual orientation of your employees can impact their safety at work. Understanding these factors will empower you to take steps to protect your workers from harassment and violence as required by the recent amendments to Ontario’s Occupational Health and Safety Act (Bill 168).

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Tags: Bill 168, employment law, harassment, hate crimes, health and safety training, occupational health and safety, OHSA, ontario, Ontario Occupational Health and Safety Act, race, racism, religion, sexual orientation, training, violence, violence and harassment prevention, workplace training
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The case of ‘hazing’ and ‘horseplay’ in the workplace continued

Friday, June 11th, 2010

In my previous post on hazing and horseplay in the workplace, I referred to a recent incident where photos and videos revealed some very questionable events involving management and employees of the City of Mississauga. Since the acts were potentially criminal, the police became involved and started an investigation. Although some have said that the employees consented to the horseplay and hazing, one may wonder if that was really the case.

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Tags: assault, Bill 168, criminal act, criminal charges, criminal investigation, employment law, harassment, hazing, health and safety, horseplay, Human Resources, Ministry of Labour, occupational health and safety, police investigation, suspension without pay, termination, violence
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Upcoming workplace violence and harassment inspections

Wednesday, June 9th, 2010

Ontario Ministry of Labour health and safety inspectors discuss employers’ responsibilities around workplace violence and harassment…

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Tags: Bill 168, Bill 168 violence, employment law, harassment prevention, health and safety, health and safety inspections, Human Resources, occupational health and safety act, ontario, Ontario Ministry of Labour, policies and procedures, policy manual, violence prevention, workplace harassment, workplace violence
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