THE SWIFT MISSION

THE SWIFT TEAM

WORKPLACE INVESTIGATIONS

All workers are entitled to a safe and healthy workplace. When these conditions are breached, there is a statutory obligation for the employer to take immediate action. The Ontario Occupational Health and Safety Act mandates how the employer will investigate and deal with incidents or complaints of workplace harassment and violence. The investigation must be timely, objective, confidential, and thorough. Workplace investigations may also be required upon an employer receiving information of an alleged violation of the Human Rights Code.

CASE LAW

Haseeb v. Imperial Oil Limited

Human Rights Tribunal Awards $120,000 Award for Discrimination in Hiring Process

 A. B. v. Joe Singer Shoes Limited

The Human Rights Tribunal of Ontario awarded $200,000 to a former employee who was subjected to sexual harassment, sexual assault and discrimination over the course of many years. That case was decided based on the lower standard of proof.

frequent questions

What is workplace harassment?

Workplace harassment is defined by the Occupational Health and Safety Act (OSHA) as the following: “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome" and includes workplace sexual harassment.

What is workplace violence?

Because the definition used in the OHSA, most of these acts would constitute offences under the Criminal Code of Canada. 

• the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,

• an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker,

• a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker .

As an employer do I need to have a Harassment Policy?

Yes, as an employer you are required to have a policy regarding workplace harassment, sexual harassment, and workplace violence.  In a workplace with 6 or more employees it should be located in a place where employees are most likely to see it. It should also be reviewed on an annual basis.

As well employers must provide appropriate information and instruction on their workplace harassment policies & programs.

What is a Harassment Program?

Under subsection 32.0.2(1) and subsection 32.0.6(2) of the OHSA an employer is required to implement their workplace harassment policies, and that vehicle is the Harassment Program.  As required by law the workplace violence program must include the following:

• measures and procedures to control risks identified in an assessment of risks as likely to expose a worker to physical injury

• measures and procedures for workers to report incidents of workplace violence

• measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur, and

• how the employer will investigate and deal with incidents or complaints of workplace violence.

As well the workplace harassment program must contain (by law) the following:

• measures and procedures for workers to report incidents of workplace harassment to the employer or supervisor, and to another person if the employer or supervisor is the alleged harasser

• how incidents or complaints of workplace harassment will be investigated and dealt with

• how information obtained about an incident or complaint of workplace harassment, including identifying information about any individuals involved, will not be disclosed unless necessary for the purposes of investigating the incident or complaint, or for taking corrective action, or is otherwise required by law

• how certain workers will be informed of the results of the investigation and of any corrective action.

What if one of my employees is the victim of domestic violence, what should I do?

The OSHA states in s 32.0.4 the following:

“Employers who are aware of, or who ought reasonably to be aware of, domestic violence that would likely expose a worker to physical injury in the workplace must take every precaution reasonable in the circumstances to protect the worker”

You might notice some indicators that domestic violence may occur in the workplace, they may include (but are not limited to) threatening calls and/or unwelcome visits at the workplace, other co workers may notice and report concerns about the at risk worker.

The measures that you put into place at the workplace, such as the ability to summons immediate assistance or reporting violent incidents, could help the at risk worker from domestic violence at the workplace.