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workplace violence

Citizenship and Immigration Canada proposes regulatory changes to the temporary foreign worker program

In early April 2013, it was reported that 45 Royal Bank of Canada employees would be losing their jobs because the company had outsourced several technology services to a California-based firm that specializes in sending jobs offshore. RBC faced a severe public backlash over the incident and Citizenship and Immigration Canada subsequently published proposed regulatory amendments to the Immigration and Refugee Protection Regulations…

 

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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:

 

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‘If you see something, say something’ in the workplace

It’s been a month marred by violence and disruption. In recent days we have witnessed the troubling arrests of alleged terrorists in Toronto and Montreal, the heinous Boston Marathon Bombing, a violent takeover robbery and double-shooting at a Toronto bank, the assault of a Port Coquitlam, BC security guard, and sexual assaults at a Toronto community college to name a few. Each of these incidents had (or would have had) an impact on the workplace.

 

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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.

 

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Saskatchewan poised to enact the most far-reaching regulation to protect late night retail workers in Canada

Saskatchewan’s Ministry of Labour Relations and Workplace Safety has announced the enactment of a new regulatory amendment aimed at enhancing the protection of late night retail workers in that province. The new law comes into force on January 1st, 2013, and compels those operating late night retail establishments to conduct a hazard assessment and implement a range of specific crime prevention measures to protect late night retail workers.

 

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Most-viewed articles this week on HRinfodesk

The three most popular HRinfodesk articles this week deal with CPP rates for 2013, psychological health and safety, and investigating workplace violence.

 

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What can we learn from recent critical workplace violence incidents?

Under Canadian Occupational Health and Safety legislation, employers are obligated to take all reasonable steps to maintain a safe work environment. In many Provinces (e.g., Ontario, British Columbia, Alberta) as well as the Federal jurisdiction, employers are statutorily obligated to put in place a workplace violence prevention and intervention program (i.e., measures and procedures designed to mitigate the risk of harm from work-related violence)…

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles in this week HRinfodesk newsletter deals with OHS reprisals, dismissal because employee issued threats, and WSIB benefits for employee assaulted at work…

 

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The role of ‘threat management’ within a workplace violence prevention and intervention program

A growing body of research suggests that serious acts of workplace violence are frequently precipitated by “warning signs” (i.e., less serious incidents and/or observable “behaviours of concern”). Perhaps the most famous example in the cultural consciousness is the continuing signs of mental instability exhibited by Seung Hui Cho for a number of months prior to perpetrating the mass shooting at Virginia Polytechnic Institute (“Virginia Tech”) in April, 2007.

 

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Most-viewed articles this week on HRinfodesk

Employer properly withheld documents in access to information request Alberta’s privacy commissioner confirmed that an employer properly withheld certain information from an employee because the personal information of a… Ontario Court of Appeal upholds nearly $200,000 in damages for loss of disability benefits during common law notice period Reasonable notice under the common [...]

 

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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.

 

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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.

 

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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?

 

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Expanded citizen’s arrest law and the Canadian workplace

The Conservative government is poised to enact the first substantive expansion of citizen’s arrest laws in Canada since 1955. The catalyst for the Bill C-26 amendment to the citizen’s arrest section of the Criminal Code of Canada was the 2010 case of Toronto grocer David Chen who faced criminal assault charges after performing a citizen’s arrest of a habitual thief he had seen stealing from his store earlier in the day.

 

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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…

 

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