First Reference company logo

First Reference Talks

News and Discussions on Payroll & Employment Law

decorative image

workplace harassment

Assessing the risk of violence at work

Companies have had almost 3 years to implement violence and harassment prevention in the workplace provisions under the Ontario Occupational Health and Safety Act , OHSA (also known as Bill 168). Like other items in the OHSA, obligations on employers to prevent workplace violence and harassment with written policies and programs require ongoing commitment, training, and review. A few highlights of some of the requirements that employers with five or more employees must demonstrate include:

 

, , , , , , , , , , , , , ,

Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with how a probation period is an opportunity to demonstrate skills, an employer’s failure to prevent workplace harassment. and a Human Rights Tribunal decision to reinstate a terminated employee after the employer failed to accommodate.

 

, , , , , , , , , , , , , , , , , ,

Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with EI parental benefits for a twin birth, another federal court ruling on discrimination regarding childcare obligations and how an employer responded to online harassment of management.

 

, , , , , , , , , , , , , , , , , , ,

So when is a threat just cause for dismissal?

A recent decision rendered by an Ontario Arbitrator raises questions about the hard line that seemed to have been taken by adjudicators as a result of An Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace and other matters (formerly Bill 168), which amended the Occupational Health & Safety Act in order to address workplace violence and harassment.

 

, , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Most-viewed articles this week on HRinfodesk

The three most popular HRinfodesk articles this week deal with harassment claims in a nursing home, a summer student’s death not prevented, and implications of Canada’s aging population in the workforce.

 

, , , , , , , , , , ,

Workplace policies to avoid the holiday party hangover

With the holiday season fast approaching, employers are consistently reminded of the additional risks and liabilities which may result from an employer-sponsored holiday event. Nevertheless, holiday parties and events are often considered to be an essential “benefit” expected by employees.

 

, , , , , , , , , , , , , , , , , , , ,

New case helps to further define the difference between “workplace harassment” and “legitimate management conduct”

The Ontario Labour Relations Board (“the Board”) has provided additional legal interpretation of workplace harassment under the Occupational Health and Safety Act (“OHSA”) in Amodeo v Craiglee Nursing Home Limited, 2012 CanLII 53919 (ON LRB), which was decided on September 19th, 2012. In drawing a clear distinction between “workplace harassment” and “legitimate management conduct”, the Board has provided some welcome direction on this sometimes contentious workplace issue.

 

, , , , , , , , , , , , , , , , ,

Navigating the issue of domestic violence in the workplace

Ontario’s recently enacted workplace violence amendment places a legal onus on provincially regulated employers to safeguard employees from the risk of domestic violence in the workplace. Additional jurisdictions are likely to follow suit. In legal terms, domestic violence is increasingly becoming a foreseeable workplace risk. In moral terms, inaction on this growing workplace issue would introduce unacceptable human risk.

 

, , , , , , , , , , , , , , , , , , , , , , , , , ,

Dismissal for threat void where employer relied on outdated discipline

An Ontario labour arbitrator just allowed an employee’s grievance after the employer terminated him for swearing, refusing to leave the workplace and threatening the vice-president with a shovel. As horrible as this incident sounds, the employer had absolutely no proof of the events because the employer did not follow its own policy and conduct a proper investigation.

 

, , , , , , , , , , , , , , , , ,

Travelling for business – not all fun and games!

How often do your employees travel? If your answer is: “Not that often,” you may not have considered implementing a policy regarding work travel. More importantly, you may not have considered whether you are liable if something happens to a worker while they are travelling. Do you know how the new changes to Ontario’s Occupational Health and Safety Act affect work travel and your employees?

 

, , , , , , , , , , , , , , , ,

Could you be liable for workplace violence? Ontario’s OHSA says so (conclusion)

In today’s blog we will further discuss the challenges facing Bill Bonka as the company heads into court to defend itself against charges of failing to take reasonable precautions and failing to implement an effective workplace harassment program. After investigating the details of the case, the Ministry of Labour laid charges against both Billy Bonka Confectioners Inc. and a manager…

 

, , , , , , , ,

Could you be liable for workplace violence? Ontario’s OHSA says so

Imagine a situation where your employee is seriously injured by an outside party…

 

, , , , , , , , , , , ,

Conducting a workplace violence risk assessment: six common pitfalls

Despite the fact that a significant majority of Canadian organizations are legally obligated to conduct workplace violence risk assessments, it appears that uncertainty and inconsistency are commonplace when it comes to the actual conduct of the assessment. This month, we will take a closer look at workplace violence risk assessments: what they are, what they aren’t, common pitfalls in conducting them and some best practice considerations from the available literature.

 

, , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Most viewed articles this week on HRinfodesk

Send to Kindle  Workplace bully’s tirade amounts to constructive dismissal When a general manager at a health club felt repeatedly harassed by one of the owners, he claimed the company constructively dismissed him… (In PDF) MOL releases OHSA reprisal guidance for workers and employers The Ontario Ministry of Labour has released a guide for workers [...]

 

, , , , , , , ,

Health and safety training tool kit for immigrants

A few years ago, the Institute for Work and Health decided to look for health and safety resources for recent immigrants. When it didn’t have much luck, the institute took the initiative to develop its own comprehensive tool kit. While the package is designed for immigrant settlement agencies to use in their orientation programs, organizations that employ immigrants should find it contains much valuable information that they can use in their own training efforts…

 

, , , , , , , , , , , , , , , , , , ,

Previous Posts